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  • Plant Breeder’s Rights in Australia: updated, amended and strengthened

    Recent amendments to the PBR Act have strengthened PBR rights and have aligned aspects of PBR with other intellectual property laws in Australia. This article summarises the changes. The Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 (Cth) (Amending Act) received Royal Assent on 24 August 2018 and makes significant changes...

  • Case update: trade mark licensing and register formalities in the spotlight

    The Federal Court recently handed down its decision in Calico Global Pty Ltd v Calico LLC1. This decision highlights the potentially fatal consequences of not updating the IP Australia register to reflect a change in trade mark ownership. The decision also serves as a reminder of the fundamental importance of ensuring that the owner of...

  • Copyright law update – proposed amendments to website blocking laws

    Background The Copyright Amendment (Online Infringement) Act 2018 (Act) which passed both Houses of Parliament on 28 November 2018, and is due to commence the day after it receives Royal Assent, amends section 115A of the Copyright Act 1968 (Cth). Section 115A of the Copyright Act was introduced in 2015 and enables a copyright owner to apply to the...

  • IP licensing and structuring considerations for Australian registered trade mark owners

    The recent Federal Court of Australia decision in Skyy Spririts LLC v Lodestar Anstalt [2015] FCA 509 serves as a reminder that Australian registered trade marks are vulnerable to removal on the basis of non-use if licensing and structuring arrangements are not adequate. Under the Australian Trade Marks Act 1995 (Cth) a trade mark may,...

  • Australian Full Federal Court rules on rights of an exclusive licensee

    A recent decision of the Full Federal Court of Australia (Bristol Myers Squibb Company v Apotex Pty Ltd [2015] FCAFC 2) has resolved uncertainty about the requirements for an exclusive licence of a patented invention. Legislation The Patents Act 1990 (Cth) provides that an exclusive licensee holds a licence from the patentee to exploit the...

  • Management of IP in Commercial Contracts in Australia

    All businesses have valuable intellectual property, not just “tech” focused businesses such as software developers or pharmaceutical companies.  However advisers may need to translate for their clients what they mean in practical terms when they use the words “intellectual property”, in order for clients to appreciate its value and take steps to protect it.  For...

  • AUSTRALIAN INTELLECTUAL PROPERTY LAW UPDATE

    There have been numerous recent developments in intellectual property (IP) law in Australia. Below is a summary of some key developments. As with any international jurisdiction, IP law in Australia is complex and requires the expertise of an experienced specialist to navigate it correctly. INTELLECTUAL PROPERTY LAWS AMENDMENT ACT 2015 Following on from the Intellectual...

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