July 2014

July 25, 2014 9:19 AM | Posted by Evetts, Megan | Permalink
The recent Full Court decision in Generic Health Pty Ltd v Bayer Pharma Aktiengesellschaft [2014] FCAFC 73 raises some interesting questions about the correct test to be applied when determining whether a patent is obvious under Australian law. read more
July 15, 2014 5:32 PM | Posted by Joseph Cram | Permalink
Today the Australian Privacy Commissioner released another own-motion investigation report, this time in relation to the storage of medical records by Pound Road Medical Centre (PRMC).

This is the fourth own-motion investigation published this year, and is in addition to the Commissioner's determination in the case of ‘BO’ and AeroCare Pty Ltd [2014] AICmr 32. This represents a marked increase from the Commissioner's enforcement activity last year, in which the Commissioner only published one own-motion investigation report and made no privacy determinations.

In this post, we look at how the Commissioner has dealt with non-compliance in each of these four cases, and the sorts of cases it seems the Commissioner is more likely to investigate. read more
July 15, 2014 3:26 PM | Posted by Tsang, Gilbert | Permalink
The risk of failing to establish that a competitor has engaged in trade mark infringement is magnified when a registered trade mark owner has opted to use highly descriptive words, synonymous with the relevant field of business as, or as part of, their trade mark.  In a recent appeal decision, the Full Court of the Federal Court of Australia upheld a decision that a composite registered device trade mark containing the words "LIFTSHOP" was not infringed by a competitor who included the words "Lift Shop" in the title of their web page when shown in a page of search results.  The Full Court's decision was based on a finding that the trade mark owner had not shown that the use of the words "Lift Shop" in the search results page amounted to use "as a trade mark". read more
July 10, 2014 12:01 PM | Posted by Nicole Reid | Permalink
A US court has dismissed an appeal by Arthur Conan Doyle's estate that sought to prevent the publication of stories featuring Sherlock Holmes on the basis that some (but not most) of Conan Doyle's stories featuring the character remained under copyright. read more
July 9, 2014 2:39 PM | Posted by Gilbert Tsang | Permalink
New Zealand’s long-awaited Patents Act 2013 will come into force on 13 September 2014.  The new Act will replace the current Patents Act 1953 and implement substantive changes to New Zealand’s patent laws to more closely align it with those of other similar jurisdictions, including Australia.  In summary, the validity of patent applications filed after 12 September 2014 will be assessed using higher standards and it is expected that the cost to obtain and maintain a patent will increase. read more
July 7, 2014 9:35 AM | Posted by Worthley, Stephen | Permalink

The Advisory Council on Intellectual Property (ACIP) has recently released its Final Report on the innovation patent system. This is the final step in ACIP's review of the innovation patent system, which commenced in February 2011. We have previously blogged on the progress of this review, which investigated the effectiveness of the innovation patent system in stimulating innovation by Australian small and medium enterprises.

The Final Report recommends significant changes to the system to enhance effectiveness and to reduce some unintended consequences arising from its implementation. However, it remains to be seen whether these recommendations will actually make their way into law.

read more