Mondaq All Regions: Intellectual Property
Clayton Utz
The marketing of products as "natural" when they do not contain natural ingredients, is likely to contravene the ACL.
Swaab Attorneys
Once you have identified, valued and protected your brands, you would be in a position to exploit the potential in them.
Norton Rose Fulbright Australia
A branding strategy is a long term plan for the development of successful product marketing through brand awareness.
Bereskin & Parr LLP
Amid a string of changes to the Trademarks Act, food and beverage brand owners should be aware of the potential impact that this new legislation will have on their trademark rights in Canada
McCarthy Tétrault LLP
At trial, the Federal Court held that the patent at issue was obvious.
Aitken Klee
There was no evidence that it was so capable. It appears that the Board assumed that one merely had to dilute the 0.3% medicine to arrive at the 0.1% medicine capable of performing the same function.
Reed Smith (Worldwide)
In Thumbnails III, the German Federal Supreme Court (‘BGH') held that the depiction of so-called thumbnails of pictures available from the internet does not constitute an act of copyright infringement, unless the search engine operator had knowledge of the fact that the copyrighted material had been illegally uploaded.
Khurana and Khurana
With the increase in innovation and creation, the range of counterfeit goods has expanded significantly leaving no industry impenetrable.
ENSafrica
In this article, we look at two recent trade mark opposition decisions. These remind us of the many issues that need to be considered when comparing trade marks.
Kilburn & Strode LLP
What patent attorneys and examiners need to know about the UK's, and perhaps Europe's, biggest infringement case for 12 years.
STA Law Firm
The digital age has undeniably provided us with many benefits that we use on a daily basis.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In Sanofi v. Watson, No. 2016-2722, the Federal Circuit affirmed the district court's decision, upholding induced infringement and validity of Sanofi's patents covering compositions of, uses for...
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Submitting an Abbreviated New Drug Application (ANDA) and subsequent prospective infringement can be sufficient to show an act of infringement under the venue statute.
Jones Day
The United States Court of Appeals for the Federal Circuit ("Federal Circuit") considered the Biologics Price Competition and Innovation Act ("BPCAI") once again on November 13, 2017.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Claims regarding patent ownership and infringement are not ripe for decision by federal courts until state law claims regarding ownership are resolved.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Having a handful of employees who are not involved in the acts of infringement does not establish a "regular and established place of business" to satisfy the venue statute...
Thompson Coburn LLP
Copyright law is full of technicalities, which claimants love to exploit. But defendants can exploit technicalities, too.
Seyfarth Shaw LLP
Robert Milligan, along with Certified Forensic Computer Examiner Jim Vaughn, presented The Defend Trade Secrets Act – The Biglaw Partner and Forensic Technologist Perspective webinar...
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
The Patent Trial and Appeal Board issued 44 IPR and CBM Final Written Decisions in October, cancelling 623 (70%) instituted claims while declining to cancel 267 (30%) instituted claims.
Wolf, Greenfield & Sacks, P.C.
The USPTO refused registration of the marks TRAILERSHARING under Section 2(e)(1), finding it merely descriptive of trailer rental services.
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HopgoodGanim
React (also React.js or ReactJS) is an open-source JavaScript library developed and maintained by Facebook.
DibbsBarker
This was a good reminder to brand owners that there is no 'one size fits all' approach for the enforcement of IP rights.
Sparke Helmore Lawyers
This case highlights the need for businesses to avoid using product names that allude to high-profile individuals.
KordaMentha
This case was a timely reminder that companies should check they have sufficient policies and procedures to protect IP.
Madderns Patent & Trade Mark Attorneys
The use of meta-tags may constitute trade mark infringement, as the source data is visible if you know what to look for.
K&L Gates
As part of the K&L Gates Business Bytes series, Sydney partner and patent attorney, Nigel Lokan, discusses the use of innovation patents as strategic tools for clients.
Sparke Helmore Lawyers
A Special K trade mark application was filed for use relating to sportswear, tennis racquets and sports competitions.
Swaab Attorneys
Parallel importation may not be an infringement of the trade mark rights of an overseas manufacturer in Australia.
Shelston IP
This article considers whether change in NZ IP policy direction is likely, depending on which party emerges victorious.
K&L Gates
The Australian Government has proposed significant changes to Australian patent law following an inquiry into the IP system recently completed by its advisory body, the Productivity Commission.
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