14 September 2021
Marketing a product as an “alternative” is no answer to trade mark infringement
The Full Court of the Federal Court has found that marketing a product as an “alternative” to a trade-marked brand is no answer to a claim of infringing use as a trade mark. In Allergan Australia Pty Ltd v Self Care IP Holdings Pty Ltd , 1 Justices Jagot, Lee and Thawley took a broad view of trade...
24 June 2021
FEDERAL COURT OVERTURNS ‘ABSURD’ PATENT OFFICE RULING ON PATENT TERM EXTENSIONS FOR PHARMACEUTICAL SUBSTANCES
The Federal Court has rejected the Australian Patent Office’s historical approach to patent term extension ( PTE ) applications, upholding a challenge brought by two major pharmaceutical companies against an earlier decision of Australia’s Commissioner of Patents.
11 June 2021
Not all’s “fair dealing” in war and Greenpeace: Federal Court confirms limits of the “parody or satire” exception to copyright infringement
The Federal Court’s decision in AGL v Greenpeace 1 confirms that using a corporate logo in activist or protest materials may be permissible under both copyright and trade mark law, but only where that use constitutes a “fair dealing” for the genuine purpose of “parody or satire”. Not all such uses...
26 May 2021
Australian Consumer Law marks 10 years with some large penalties
The Australian Consumer Law marked its tenth anniversary on 1 January 2021. Some belated presents were recently delivered in the form of the confirmation of, and the handing down of, Australia’s two largest ever penalties for contraventions of the Competition and Consumer Act 2010 (Cth) ( CCA ).
10 May 2021
Copyright owners “Don’t have to take it”: Federal Court of Australia awards substantial remedy for copyright infringement, plus double damages for flagrancy
The Federal Court’s recent decision in Universal Music v Palmer , in which Mr Palmer was ordered to pay AU$1.5 million for his unauthorised use of the song We’re Not Gonna Take It , reaffirms that the Court is prepared to award significant financial remedies to intellectual property owners whose...
13 April 2021
Pharmaceutical patent term extensions: federal court hears challenge to “absurd” Australian patent office ruling
Two major pharmaceutical companies have challenged Australia’s Commissioner of Patents in the Federal Court about the time limits within which an application can be made to extend a patent term.
27 November 2020
Predicting the future for “green” claims: The Full Federal Court provides guidance on representations as to future matters (Australia)
Marketing products as ‘environmentally friendly’ is an increasingly popular way for businesses to capture consumer attention. As the popularity of such ‘green’ marketing claims has increased, so has the ACCC’s scrutiny of these claims.
15 July 2020
Where is the balance now? Preliminary injunctions in pharmaceutical patent proceedings in 2020 and beyond
Recent decisions of the Federal Court of Australia have significantly changed the way in which parties to pharmaceutical patent litigation should analyse and approach preliminary injunction applications. While previously a patentee could generally expect to obtain a preliminary injunction if their...
08 July 2020
Exploring Opportunities: Acquiring IP assets in a changing world (Global)
As governments around the world take the first tentative steps to ease lockdown measures, people and businesses are beginning to focus on a return to work or at least a resumption of more normal business processes. However, it is clear that a large number of businesses, sadly, will not survive in...
10 June 2020
Takeaways from the In-N-Out and Down-N-Out burger brands battle (Australia)
A series of recent Federal Court cases in Australia provides a warning to “cheeky” traders whose marketing draws too closely on the brand and reputation of their rivals. In February, the Federal Court ruled that the operators of the Down-N-Out burger chain were liable to In-N-Out Burgers for trade...
26 May 2020
Has the Full Court 'Rokt' the boat
Commissioner of Patents v Rokt Pte Ltd  FCAFC 86 is the most recent in a string of decisions by the Full Court of the Federal Court in which the Court has yet again rejected a computer-implemented invention in this instance a digital advertising system and method as patentable subject matter.
12 May 2020
Patent and Pharma Update, May 2020
Key recent developments in the United Kingdom and Europe relating to patents and the pharmaceutical sector In this update we welcome our new IP partner in Germany. We have a number of interesting updates from the UK Court of Appeal, including a decision on Arrow declarations, a competition decision...
29 April 2020
Commonwealth fails in its claim for compensation for PBS expenditure
The Federal Court’s decision in Commonwealth v Sanofi Justice Nicholas’ long-awaited decision in Commonwealth v Sanofi is an Australian first. 1 Of the 4 cases in Australia in which the Commonwealth has sought compensation for losses arising from an interlocutory injunction restraining the launch...
22 April 2020
COVID-19: Pressure Points: The Government confirms that it will indemnify ventilator manufacturers against IP infringement claims (UK)
The UK Government has issued an indemnity in relation to claims brought against the manufacturers of new ventilators produced to deal with the COVID-19 pandemic in the UK as part of the Government’s campaign for rapidly manufactured ventilator systems (RMVS). A letter from Michael Gove MP to the...
09 September 2022
Henkel washes away Reckitt Benckiser trade marks and interim injunction in dishwasher product stoush
The Federal Court has recently published its decision following the first instance trial on the merits in the ongoing stoush between Reckitt Benckiser ( RB ) (manufacturer of FINISH dishwasher products) and Henkel (manufacturer of SOMAT dishwasher products).
07 September 2022
CONSORTIA AND COMPETITION LAW
Kyriakos Fountoukakos (EMEA Regional Head of Competition, Regulation and Trade) and Kian O'Connell (Legal Stagiaire) in our Brussels office have recently co-authored an article on EU competition law considerations in relation to consortia, published by Competition Policy International .
07 September 2022
Cartel Intel – updates from our EMEA network
The cartel crackdown continues across EMEA, with levels of enforcement exceeding those witnessed immediately before the COVID-19 pandemic. Leading the way, the European Commission has conducted new dawn raid inspections in each of May, June and July. At the same time, the rules of the game have...
01 September 2022
Australian Employment, Industrial Relations and Safety Podcasts
Join our experts as they discuss and share their views on the latest developments we are seeing in the employment, industrial relations and workplace healthy and safety space covering areas such as underpayment compliance, annualised salary provisions, industrial manslaughter laws and what key...
01 September 2022
Australian Employment, Industrial Relations and Safety Webinars
In case you missed it, you can access our previous Employment & IR briefing and Safety Leadership Series webinars below. Join our expert briefings for the latest developments we are seeing in the employment, industrial relations and workplace healthy and safety space. In these short sessions,...
30 August 2022
Reform of Spanish Insolvency Law
The Spanish government has very recently approved a reform of the Spanish Insolvency Law, which will enter into effect within 20 days of its publication in the Spanish Official State Journal (Boletín Oficial del Estado), except for the third book of the restated Spanish Insolvency Law, which will...