n these times of financial turmoil, market weakness and credit tightening, it is perhaps timely to revisit the obligation imposed on directors of companies to prevent insolvent trading. ...
A recent Federal Court decision by a trial judge has left overseas trade mark owners concerned ...
There is an increasing demand in the marketplace for food and confectionary products which cater for the growing number of people who suffer from food allergies. ...
A recent decision of the Federal Court of Australia involved issues of breach of confidence, copyright and equity.
On 14 April 2008 IP Australia and the US Patent and Trademark Office (USPTO) launched a 12 month trial program called the Patent Prosecution Highway (PPH).
In the fast moving consumer goods (FMCG) market, buyers are confronted with what appears to be an endless array of choices, brands and varieties of products all trying ...
In a recent decision by a delegate of the Registrar of Trade Marks, it was found that the trade mark STATSPOD was not substantially similar to Apple Computer Inc’s trade mark IPOD. ...
In July 2007, the Australian Competition and Consumer Commission (“ACCC”) instigated legal actions in the Federal Court against Trading Post Australia Pty Ltd (“Trading Post”) ...
This is not a celebrity scandal involving articles of clothing but a recent case in the Australian Federal Court involving a patent for “Zips screws”. ...
If you are selecting a trade mark for a new business or product, making sure that the trade mark is available for you to use is paramount.
In February 2008, the ACCC has released a guideline entitled Green Marketing and the Trade Practices Act which is intended to ...
If you believe a domain name exists that is similar to your trade mark and should not have been allowed, there is something you can do ...
Since the first free ‘build-your-own weblog’ tool was developed in 1999, the popularity of blogs has soared. Evolving from the online journal...
On a recent visit to Israel I met with an intellectual property law firm, several technology businesses and entrepreneurs. ...
In response to concerns from small business, the Federal Government in June 2007 introduced a Bill to amend Section 46 of the Trade Practices Act. As it previously existed, Section 46 prohibited a ...
In a previous article, we discussed the importance of filing trade mark applications in countries which adopt the first to file system. ...
The recent High Court decision of Australian Competition and Consumer Commission (“ACCC”) v. Baxter Healthcare Pty Ltd (“Baxter”) appears to have brought to an end the protections afforded to companies ...
An official notice was published on 18 October 2007 by IP Australia advising of amendments to the Patent Regulations 1991 with regard to regulations made under subsection 45(3) and section 101D of the Patents Act 1990.
A Bill to amend the Trade Practices Act 1974 (“TPA”) was introduced into in the House of Representatives by the Federal Government on 20 June 2007. The legislation, if passed, will amend Sections 46 and 51AC (among other provisions) of the TPA to enhance the protection of small businesses from misuse of market power and unconscionable conduct in business dealings.
An earlier EKM article titled “Trading in China” by Amanda Wilson, provided information on how to protect Intellectual Property in China if you intend to carry on business in that country. In that article, reference was made to the “first to file” system. In this article, we set out more information about the “first to file” and “first to use” systems and the implications for trade mark owners.
Are misled shareholders now to be treated equally with ordinary creditors in an insolvency? The High Court has recently answered this question in the affirmative.
On 1 March 2007 IP Australia introduced a new fee schedule which results in a significant number of changes in official fees for Australian patents, designs and trade marks.
The Trade Practices Legislation Amendment Act (No. 1) 2006 (the Amending Act) will amend the Trade Practices Act 1974 (Cth) ("the TPA"), with most of the changes coming into force on a day to be fixed by proclamation or after six months. The Treasurer’s Office has indicated that they expect the changes will commence in January 2007.
Although the Australian Trade Marks Act 1995 (Cth) expressly provides for the registration of colour as a trade mark, applicants seeking to register colours as trade marks in Australia have experienced continued difficulty and only mixed degrees of success.
With China presently being such an attractive option for Australians exporters and distributors, it is essential to understand how you can protect your Intellectual Property (IP) in China if you intend to carry on business there.
On 16 May 2006 Malaysia acceded to the PCT (Patent Cooperation Treaty) and now joins a list of 133 Contracting States of which are automatically designated as part of a new PCT application.
