Pepsi: maximum taste, no royalty
In ruling against the ATO, the High Court stressed a few key points that hint at how diverted profits and royalty withholding tax should be…
By Hugh Paynter, Ryan Leslie, Toby Eggleston and Naison Seery - 2 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 Nicholas Smith - 3 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 Stephen Tully - 1 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