COVID-19 Update

Rhys Munzel

Calidad v Seiko: How you can only sell something once and how that might affect patent drafting

On 12 November 2020, a majority of the High Court of Australia in Calidad Pty Ltd v Seiko Epson Corporation [2020] HCA 41 endorsed the “exhaustion of rights” doctrine in preference to the doctrine of “implied licence’, finding that the exclusive rights of the patentee – being to hire, use, sell, or otherwise dispose of … Read More

Eligibility rule changes for .org.au domain names

New domain name eligibility rules affecting the .au country code Top Level Domain came into effect on 12 April 2021. These rules will particularly affect unincorporated associations. Whereas net.au and .com.au domain names may be registered by commercial entities such as companies and businesses, .org.au domain names are reserved for ‘not-for-profit’ entities. The relevant licensing … Read More

A good news business story from 2020 – the continuing growth Eloments Organic Vitamin Tea

Amidst a universally acknowledged horrible year for new Australian businesses, it is nice to highlight the emergency of a business moving forward with new innovative products. Co-founded by Julie Hirsch and Nicole Lamond, Eloments Organic Vitamin Tea is one of the world’s first natural vitamin and mineral enriched brands, designed to provide customers an easy … Read More

Intellectual Property Summary

In this briefing, we provide an overarching summary of the key types of intellectual property being: Confidential Information Patents Copyright Trade marks – unregistered and registered Registered designs Plant Variety Rights 1. Confidential Information Example: Secret information about how a mouse trap works Protection: Requires strict secrecy Duration: Protected until publicly disclosed, including if independently … Read More

A look at IP Australia’s Indigenous Knowledge Project

IP Australia (i.e. Australia’s Patent, Designs, Trade Marks and PBR Office) recently released further details of its upcoming Indigenous Knowledge Project, including a Work Plan for 2020-2021. The Work Plan outlines several proposed initiatives for greater protection of indigenous knowledge and indigenous cultural expressions. Perhaps most immediately, IP Australia has forecast upcoming consultations on proposed … Read More

Smart Trade Mark: A New Era in Consumer Confidence?

As online retail becomes more and more prevalent, the costs to Australian businesses due to counterfeit products are increasing. It is therefore vital that consumers can identify genuine retailers from counterfeiters. IP Australia has introduced and is currently testing a new pilot program entitled Smart Trade Mark™ to assist consumers in verifying the genuine use … Read More

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