Designs – pleadings – whether must provide particulars of prior use similar to those required in patent proceedings
Author: Melissa Marcus
Trade Marks – opposition to PROCAT for apparel and clothing – sections 42(b), 44 and 60 based on CAT marks.
Patents – artificial intelligence inventor
Patents – validity of extension of term of patent – where two pharmaceutical substances claimed and extension based on the one with later regulatory approval
McCallum, in the Matter of Re Holdco Pty Ltd (Administrators Appointed) (No 2)  FCA 377 (21 April 2021)
Valuing intellectual property – registering security interests concerning intellectual property on the Personal Property Securities Register (“PPSR”)
Trade Marks and Australian Consumer Law – termination and breach of Trade Mark Licence Agreement (“TMLA”) – trade mark infringement – misleading or deceptive conduct – false representations – use of CALTEX and STARCARD
Patents – extension of term – which ARTG registration may be relied on
Patents – method of diagnosis – manner of manufacture – sufficiency – fair basis – infringement
Use of the phrases “Love where you live?” and “You love where you live” held not to constitute use of those phrases as a trade mark for the purposes of s 120.
Copyright in plan of subdivision – interlocutory injunction application – balance of convenience weighted against grant of injunction
Patents – transfer of proceedings to Federal Court – overlap in subject matter – risk of inconsistent findings
Patents – amendment to overcome manner of manufacture objection – whether possible to overcome s 102 – whether the principle of finality should prevent iterative amendment applications
Trade Marks – Infringement – Interlocutory Injunction – Serious issue to be tried – balance of convenience – application granted.
Trade marks – appeal from judgment dismissing trade mark infringement claim – inherently adapted to distinguish – deceptive similarity