The Pepsi case: did the Federal Court bottle it?
In its first application of nascent tax laws, the Court considers what constitutes a contractual right and the new diverted profits tax.
By Hugh Paynter, Ryan Leslie and Graeme Cooper - 2 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.
By Rebekah Gay and Tom Gumley - 2 min read
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…
By Nicholas Smith - 2 min read
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.
By Julian Zmood - 2 min read
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…
By Adam Denley, Tom Gumley, Chelsea Roche and Mark McLennan - 1 min read
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…
By Lyndon Sayer-Jones and Dr Morris Averill - 2 min read
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…
By Nicholas Smith - 2 min read
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 Grant Hansen - 2 min read
Patent trolls: what you need to know
In 2013, 2 million patents were filed worldwide. US tech companies defending against patent trolls spent $29 billion in litigation costs for 5842 lawsuits in…
By Paula Natasha Chavez - 3 min read
Telstra’s yellow monopoly aspirations given a red light by the Federal Court
On 11 April 2014, Justice Murphy delivered his judgment granting two appeals filed against decisions of Delegates of the Registrar of Trade Marks which had…
By Lisa Egan and Caroline Cossio - 2 min read
Theft or inspiration? Clear findings on copyright infringement
If the starting point for a designer is another designer’s work, it is a large hurdle for the defendant to prove there has not been…
By Jonathan Feder and Savannah Hardingham - 2 min read