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Stating the Obvious: Textual Approach to Obviousness

On September 2 2015 the High Court handed down a widely anticipated decision in AstraZeneca AB v Aptoex Pty Ltd.(1) The court unanimously dismissed AstraZeneca’s appeal, holding that AstraZeneca’s patent was invalid because it was obvious and therefore lacked the requisite inventive step within Sections 7(2) and 7(3) of the Patents Act 1990. Facts Compounds known … Read More

Will Australia Catapult its Innovation into the 21st Century?

Having helped commercialise the outcomes of research in Australia for the last twenty years, I find it opportune to reflect on the current lack of certainty regarding R&D funding that is so fundamental to the ongoing economic success and health of our nation. R&D investment, and the structures that underpin them, must be addressed as … Read More

Australian Law Relating to Communal Indigenous Intellectual Property

Despite the breadth of Australia‚Äôs laws protecting intellectual property, there is a major fall short in affording substantial intellectual property rights to cultural groups, communities, traditional/indigenous owners, or manifestations of intellectual property that do not fit within the specified categories. The issue What about painting in dots and spots? What about the bold colours of … Read More

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