OZEMITE: use it or lose it?

The Federal Court has ruled a trade mark owner can have used it even when not a single sale of a product bearing the mark…

By - 6 min read

In the world of Google Adwords, is your competitor’s trade mark fair game?

The use of a competitor’s name can be trade mark infringement or misleading and deceptive conduct, depending on the representation made in the sponsored link…

By - 5 min read

IP rights v public health: international challenges to plain packaging laws

A State’s right to regulate to protect public health can clash with the intellectual property rights held by corporations over their tobacco products. By STEPHEN…

By - 8 min read

D’arcy v Myriad Genetics what next for gene patents in Australia?

The extent to which genes and other natural products are susceptible to patent protection is now unclear. By REBEKAH GAY and TOM GUMLEY.

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Misleading and deceptive conduct: when copying is not enough

The fact that a competitor has copied your client’s trade indicia does not necessarily establish a claim for misleading and deceptive conduct in breach of…

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Parallel importation: defending an allegation of trade mark infringement

Practitioners acting for parallel importers may face resistance from Australian trade mark owners and local distributors. By JULIAN ZMOOD.  

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Isolated nucleic acids now patentable in Australia

The Full Federal Court has unanimously confirmed that isolated nucleic acids, either DNA or RNA, are patentable in Australia. By ADAM DENLEY, TOM GUMLEY, CHELSEA…

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Intellectual property: the importance of minimising risk in online agreements

By 2018 it is expected by most experts that online use will be embedded in virtually every commercial transaction. Practitioners need to master this new…

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Search engine optimisation: how much is too much?

The case of Lift Shop Pty Ltd v Easy Living Home Elevators Pty Ltd [2014] FCAFC 75 provides new guidance on the legality of search engine optimisation…

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Protecting software in the digital age

Obtaining evidence of end-user copyright infringement is the major challenge of the digital age, as there is no point of sale where evidence can be…

By - 6 min read