2013 Francis Gurry Lecture
This year, the Francis Gurry Lecture on Intellectual Property – now in its fifth year – was delivered by none other than its eponymous personage: Dr Francis Gurry himself. Dr Gurry is the Director...
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WHAT AM I BUYING? The Integrity of Certification Labels
As consumers, we are used to scanning products in stores and on supermarket shelves for brands and labels. We understand the power of branding and the value of trade marks. Increasingly, we are now...
View ArticleDiving in at the deep end: the role of patent pools in commercialising...
In a free market economy, patents can be a disruptive tool. Despite a broad policy to encourage competition, a patent provides the rights holder with a means of limiting competition by restricting...
View ArticleChina updates its trade mark law: how will this impact Australian businesses?
We have posted previously on the importance of protecting IP rights in China (see here and here). In short, if you are doing business in China, then it is essential to protect your IP rights in China....
View ArticleGetting a Government Grant of up to $150K for Exporters
The government-sponsored Export Market Development Grant (EMDG) scheme seeks to assist small and medium (SME) enterprises to compete in international markets by reimbursing up to $150K of eligible...
View ArticleIn dark times for biotech patents, Australian High Court provides a ray of...
Recent years have presented significant challenges to the biotechnology sector, both in Australia and the United States, in terms of what types of technology are to continue to be regarded as...
View ArticleDiversity provides unique perspectives
First published in Engineers Australia General Edition Vol 85 No 12, December 2013. Engineers Australia’s Council in 2013 is one of the most diverse in its history. Current members vary in age and...
View ArticleOutflanking the competition – the role of flanker brands in building market...
The new Pepsi Next launch has prompted me to consider the use of flanker brands to leverage off the value of a strong brand. Use of a ’flanker brand’ allows the brand owner to capture a larger market...
View ArticleA Quirky approach to product development
Quirky is a Web 2.0 product development platform that combines distinctly 21-st century phenomena: social networking, reality television, crowd-sourcing, and online shopping. Quirky has now developed...
View ArticleIs abolition or greater control of ‘gene patents’ still on the Australian...
The subject of the patent eligibility of genetic subject matter has been on the Australian patent radar since at least 2004 when the Australian Law Reform Commission was the first in a long line of...
View ArticleTen tips for an investment-ready patent portfolio
‘Ultimately, the most important role of a chief IP counsel is to build an IP portfolio that gives its owner a corporate advantage over its competitors and a platform for future growth’1. When that...
View ArticleWhat should I do when I see a knock-off at the $2 shop!
First published in the Watermark Journal Volume 29 Number 3 If it’s too good to be true, it probably is. I’m sure you’ve heard the truism before, but when it comes to counterfeit (knock-off) goods, a...
View ArticleWhat to do if your trade mark is misappropriated in China?
First published in the Watermark Journal Volume 29 Number 4 A client recently exhibited a range of their wines at a trade exhibition in China. They subsequently found out that a Chinese entity had...
View ArticleDesign protection for computer icons and animations in Australia
The Australian Designs Act 2003 does not explicitly exclude computer icons and animations from being protected as Registered Designs. However, there are serious obstacles in the Act and the law which...
View ArticleAdapting brand strategy for generic top-level domains
First published in Watermark Journal Vol. 30 No. 4 New generic top-level domains (gTLDs) will soon be added to the domain name system. In addition to gTLDs such as “.com” and country code top-level...
View ArticleFacebook Likes IP
Ever wondered what happens in the IP situation room at Facebook, Inc? Me neither, until I discovered just how many patents Facebook owns. As Facebook prepared for its initial public offering on 18 May...
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Claiming the Wrong Chemical Structure: A Patentee’s Worst Nightmare
In an unusual if not unprecedented situation, Oncoceutics has claimed the wrong chemical structure in its granted patent, US 8,673,932. The drug candidate has since entered Phase I/II clinical trials,...
View ArticleEnd of the road: BP runs out of fuel in long-running attempt to register...
IP Australia has refused a long-running application by oil giant BP to register the colour green as a trade mark in relation to vehicle service stations. The decision,1 handed down on 17 June 2014,...
View ArticlePlain Packaging For Alcohol May Happen Sooner Than You Think
Since late 2012, legislation introduced by the Australian Government has required the sale of cigarettes and other tobacco products in Australia in drab plain packaging, where brand names are...
View ArticleGovernment Minister Proposes Patents, Not Papers, as Basis for Research Grants
University researchers should receive government grants based on the number of patents they are granted, not the number of academic papers they publish. That is, according to the Minister for Industry...
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