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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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Security for legal costs in patent invalidity cross-claims
This article examines the application of section 232 of the Corporations Act 2001 (Cth) in 50/50 or equal ownership disputes. The WA Supreme Court has found that oppressive conduct can still be asserted in equal ownership situations.
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Use of competitor’s confidential information
Many businesses try to increase market share by employing a competitor’s member of staff who may bring with them relationships and information acquired over the years. Employees owe fiduciary duties to their employers meaning, among other things, that an employee cannot make a personal gain by using confidential information acquired in the course of their…
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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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Changes to copyright protection durations
The Australian Government passed a major amendment to the Copyright Act 1968 (Cth) which will have a significant impact on copyright materials. Find out what the changes are and how they may affect you by reading this article.
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Patent revocation due to lack of novelty
One of the often cited requirements for a patent to be granted, is that the invention as claimed must be ‘novel’ in light of the information of the day (referred to as the prior art and the common general knowledge) (section 18(1)(b)(i) of the Patents Act 1990 (Cth) (Patents Act)). Put simply, if its been…
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Patents and the threshold for registration
Learn about the different types of patents available in Australia, their requirements for patentability, and how to protect your invention with this article. Discover what can and cannot be patented, and the legal implications of obtaining a patent. Get the facts you need to know about patents in Australia.
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Understanding 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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De-encryption laws: compelling tech giants to cooperate with law enforcement
The Australian Government is introducing encryption-related legislation that could have significant implications. Get the full scoop on what this Bill could mean for companies and citizens before it is officially announced.
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