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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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Interlocutory injunctions in patent dispute cases
Australian Intelligence Community (AIC) Commissioner Falk determined in Uber investigation how the Office of the Australian Information Commissioner (OAIC) will assess if entities have an Australian Link to be legally bound by the Privacy Act 1988 (Cth).
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Domain name disputes – the case of eazyjet.com
Learn more about domain name disputes and the evidence required to establish confusion, rights, and bad faith. Internet Corporation for Assigned Names and Numbers (ICANN) and World Intellectual Property Organization (WIPO) provide legal elements and remedies, and the implications of failing to respond to a complaint.
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Contesting patent ownership between joint inventors
This article provides an overview of the conditions for patent grant, joint inventorship tests, and standard of proof for disputes in relation to contested patent ownership in Australia.
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Is exporting a product a trade mark infringement?
The Trade Marks Act 1995 (Cth) provides protection to Australian trade mark owners, but what happens when their mark is used overseas? Learn more about the protection the Trade Marks Act provides, and the remedies for infringement, by clicking through to the full article.
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Is using a trade mark in AdWords considered infringement?
A Court concluded that a company had infringed a trade mark using Google AdWords in Veda Advantage Limited v Malouf Group Enterprises Pty Limited [2016] FCA 255. Click through to learn more about the dispute, and the learning points and takeaways.
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Be cautious 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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