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New USPTO guidelines on AI assisted inventions
In response to the Biden administration’s Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence on 30 October 2023, which outlined policies and principles to promote responsible Artificial Intelligence innovation and competition, the United States Patent and Trademark Office (USPTO) issued inventorship guidance for artificial intelligence (AI) assisted inventions. These…
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Australian Court: AI can’t be “inventor” in Australian patent
The Federal Court of Australia has made a groundbreaking ruling on the patentability of works created by Artificial Intelligence. Explore the implications of this decision and what it could mean for the future of patent law.
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Trade mark infringement – the good faith defence
Navigating trade mark law can be difficult. This article explains the good faith defence and what circumstances must be fulfilled for it to be available, as well as relevant case law and further info.
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Can meta tags constitute trade mark infringement?
Find out how the case of Accor Australia & New Zealand Hospitality Pty Ltd v Liv Pty Ltd [2015] FCA 554 highlights the potential risk of trademark infringements to businesses. Read more to discover the case background, takeaways, and tips to protect your business.
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IP contracts now subject to restrictive trade practice provisions
Learn how the repeal of Section 51(3) of the Competition and Consumer Act 2010 (Cth) (CCA) affects businesses licensing or assigning intellectual property (IP) rights and the penalties associated with a breach with this comprehensive guide.
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Confusing marks – Sensis v Senses
Sensis Pty Ltd v Senses Direct Mail and Fulfillment Pty Ltd [2019] FCA 719: Court ruled SENSES marks deceptively similar to SENSIS marks, highlighting importance of engaging intellectual property lawyers when building a brand. Marks can be infringing if spelling is only slightly different, if it resembles another and likely to deceive and cause confusion.
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Patent infringement lawyer
This article explores the complexities of patent infringement in Australia. Learn more about the patent layout, essential integers, and remedies available to protect your intellectual property.
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Introduction to patent revocation
Engaging in transfers of intellectual property? Beware of transferring goodwill too. The case of Favotto Family Restaurants Pty Ltd v Chief Commissioner of State Revenue [2020] NSWSC 120 highlights the concept of goodwill and its three (3) aspects, as well as how it affects the ability to generate earnings from identifiable assets.
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Take care when alleging patent infringement
The Court weighed in on the issue of unjust threats of patent infringement and the damages that may be payable. Learn more about the importance of proving direct causation between the threat and the loss, and the implications for patent holders and infringers alike.
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