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Patents – mine drilling techniques – novelty – best method – infringement by section 117 – need to establish primary infringement

Trade marks – assignment and licence back – option to take assignment – whether variations agreed by conduct – implied terms – whether implied term that licence extends to replacement versions of licensed marks – whether implied term that marks be re-assigned if licence is breached – relevance of post-contractual conduct

Patents – construction – whether literal interpretation warranted – indirect infringement – innovative step – appropriateness of orders “in aid of delivery up

Trade marks – inherent capacity to distinguish – whether YELLOW has any inherent capacity – deceptive similarity – use as a noun compared with use as an adjective

Trade marks – counterfeit goods – respondents manifestly unbelievable – compensatory damages – additional damages

Patents – innovation patent – unjustified threats

Geographical indications – “Champagne Jayne” – promotion on Internet and social media – misleading and deceptive conduct

  Scandinavian Tobacco Group Eersel BV v Trojan Trading Company Pty Ltd  [2015] FCA 1086  (9 October 2015) Trade marks – parallel importation – unpacking and repackaging due to tobacco labelling laws – whether...

Trade marks – objection to registration – deceptive similarity – likelihood of deception or confusion – MALTESERS vs MALTITOS