FAL IP

An Overdue Refreshment of the Australian Designs Act

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Designs amendments

Designs Amendments (Advisory Council on Intellectual Property Response) Bill 2020 passed by Parliament. On 30 August 2021, the Federal Parliament passed the Designs Amendments (Advisory Council on Intellectual Property Response) Bill 2020 (Cth) (“the Bill”). This sets out a number of amendments to the Designs Act 2003 (Cth) (“the Act”). Other than various technical changes, the Bill will most … Read more

Secret use – can you profit while developing your invention?

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So, you’ve concocted an invention that you’re thinking of patenting, what next? Keeping your invention secret is an important start, since any public disclosure may invalidate your later patent application. But what can you do while your invention remains secret? Can you conduct experiments? Can you make money? Can you make money while conducting experiments? … Read more

Not lovin’ it: McDonald’s sues Hungry Jack’s over ‘Big Jack’ trade mark

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On 28 August, global fast food giant McDonald’s Asia Pacific LLC (McDonald’s) launched Federal Court proceedings against long-time rival Hungry Jack’s Pty Ltd (Hungry Jack’s), alleging Hungry Jack’s has infringed its famous “Big Mac” trade mark with its lookalike burger, “Big Jack”. Since 1973, McDonald’s has sold its “Big Mac” burgers across Australia and has … Read more

The absence of the Aboriginal Flag from the AFL’s Indigenous Round highlights Clothing The Gap’s continuing fight to #FreeTheFlag

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Last weekend, the Aboriginal Flag was absent from the AFL’s Indigenous Round for the first time in fourteen years. The Indigenous Round highlighted that the Australian Aboriginal Flag is still marred in copyright and licensing controversies. While many Aboriginal persons, Aboriginal-owned businesses, organisations acknowledging and supporting Aboriginal culture and history, as well as many members … Read more

Three reasons why you should file your trade mark in Australia

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1. Australia has a sizeable revenue stream and steady economy. The Australian economy has grown at a healthy pace for nearly three decades.[1] In 2019, Australia was ranked the 4th wealthiest nation in terms of median wealth per adult head.[2] Despite Australia comprising only 0.3% of the world’s population, its economy was expected to be the 14th largest economy … Read more

Pew Pew Pew: U.S. Space Force Losing a Trade Mark Battle with a TV Show

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According to The Hollywood Reporter, the newly founded military brand – the U.S. Space Force – is losing a trade mark battle with streaming giant Netflix for its new comedy show of the same name. Netflix has reportedly already secured the trade mark rights to “Space Force” in Europe, Australia, Mexico and elsewhere. Like Australia, the … Read more