The recent Australian Federal Court decision of McD Asia Pacific LLC v Hungry Jack’s Pty Ltd [2023] FCA 1412 confirms on one aspect that, for the purposes of registered trade mark infringement in Australia, the reputation of each trade mark is not to be considered when determining whether the trade marks are deceptively similar. The […]
Additional Damages Awarded for Plant Breeder’s Rights (PBR) Infringement in Australia
On 24th February 2019, changes were made to the Australian Plant Breeder’s Rights Act 1994 (Cth) (the “Act”) including the introduction of additional damages for PBR infringement (see our article here). In a positive development for international and local owners of new plant varieties, additional damages have now been awarded by the Federal Court of […]
Australian Patent Case Law Snap Shot
Mylan Health Pty Ltd (formerly BGP Products Pty Ltd) v Sun Pharma ANZ Pty Ltd (formerly Ranbaxy Australia Pty Ltd) [2019] FCA 28 (22 January 2019) A recent Federal Court of Australia decision held that in order for a party to infringe a Swiss-style claim the alleged infringer must manufacture the medicament with the objective intention to […]
2019 Australian IP Update – Plant Breeder’s Rights
Commencing from 24th February 2019, changes to the Australian Plant Breeder’s Rights Act 1994 (Cth) (the “Act”) will significantly benefit international and local owners of new plant varieties. Key aspects of the changes are outlined below. Please contact us should you require assistance regarding plant breeder’s rights protection in Australia, in light of these changes. Essentially Derived Varieties PBR Infringement Action […]
2019 IP Update New Zealand
In 2019, changes to intellectual property laws in New Zealand will significantly benefit international and local Intellectual Property owners. Many of the changes will support New Zealand’s ratification of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership. (“CPTPP”). Key aspects of the changes are outlined below. Please contact us should you require assistance regarding your intellectual property portfolio in New […]
2019 IP Update Australian Trade Marks
In 2019, there will be changes to the Australian Trade Marks Act 1995 (Cth) (Act) that will significantly impact on international and local brand owners. Key aspects of the changes are outlined below. Please contact us should you require any assistance regarding your Australian trade mark portfolio in light of these changes. (New) Section 122A – Exhaustion of a registered trade […]