Former Spice Girl and fashion designer Victoria Beckham recently appealed IP Australia’s decision to register two trade marks featuring the initials “VB” for use on cosmetics by a Sydney-based skincare company VB Skinlab Pty Ltd. Beckham contends that the trade marks “would be likely to deceive or cause confusion” in Australia because her fashion and … Read more
The iPhone X has now been announced by Apple, Inc. (‘Apple’) with expected fanfare. Most consumers will be interested in the new OLED screen and the elimination of the home button in the new iPhone X, but there is also an important new security feature in the new iPhone called ‘Face ID’. ‘Face ID’ is … Read more
When new IP is created, the desire to get it ‘out there’ is understandable. This is particularly so where the IP requires further development, has commercial potential, or originates from a researcher with a public benefit mandate. In the eagerness to license the IP, it is important to ensure that for all licences to rights … Read more
On September 2 2015 the High Court handed down a widely anticipated decision in AstraZeneca AB v Aptoex Pty Ltd.(1) The court unanimously dismissed AstraZeneca’s appeal, holding that AstraZeneca’s patent was invalid because it was obvious and therefore lacked the requisite inventive step within Sections 7(2) and 7(3) of the Patents Act 1990. Facts Compounds known … Read more
Having helped commercialise the outcomes of research in Australia for the last twenty years, I find it opportune to reflect on the current lack of certainty regarding R&D funding that is so fundamental to the ongoing economic success and health of our nation. R&D investment, and the structures that underpin them, must be addressed as … Read more
Apple has lost an appeal to the Australian Federal Court to register its “APP STORE” trade mark in Australia because its trade mark is unable to distinguish its goods and services. Apple filed a trade mark for the words “APP STORE” on 18 July 2008 and it received an objection based on the existence of … Read more
