The recent Australia Patent Office decision of Zoetis Services LLC v Boehringer Ingelheim Vetmedica GmbH [2024] APO 4 dated 8th February 2024 has (on one aspect) highlighted the challenge for clinical researchers and innovators when reporting interim clinical trial results by way of press releases. The Australian Patent Office held that the press release reporting […]
Extension of time
The recent Australia Patent Office decision in Bioverativ Therapeutics Inc. [2023] APO 64 highlights one aspect being, if a patent applicant wishes to seek an extension of time to file a divisional application under section 223(2) Patents Act 1990 (Cth), the applicant must satisfy the following grounds: (i) That the applicant must possess the requisite […]
Market-Size Damages
The High Court of Australia has granted special leave to appeal from the decision of the Full Federal Court of Australia in Commonwealth of Australia v Sanofi (formerly Sanofi-Aventis) 2023 FCAFC 97. The High Court of Australia indicated that questions concerning the legal rules for the assessment of damages flowing from an undertaking as to […]
Australia: Patent Box – Expansion to Agricultural and Low Emissions Innovations
In its Budget 2022-23, the Australian Government announced major expansions to the proposed ‘Patent Box’ scheme providing concessional tax treatment to eligible income for Australian corporate taxpayers. The Government will now expand the scheme to support innovations in the Australian agricultural sector, specifically: In addition, the Government will provide concessional tax treatment for corporate taxpayers […]
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 […]
The City of Light – Paris – September 2019
Australia and France share a close historical bond, and conduct substantial bilateral trade and investment. In 2017-18, goods imported into Australia from France were valued at AU$5.1 billion, with Australia’s exports to France valued at AU$1.6 billion.[1] Given the current negotiations for the EU-Australia Free Trade Agreement, the exchange of goods and services between the two countries […]