Interlocutory injunctions in patent disputes

An injunction is a Court order directing a person or entity to do a specific thing or refrain from doing something.  Whilst an injunction in itself can amount to final relief in litigious matters, it can also be sought on an interlocutory or temporary basis (Interlocutory Injunction).  This applies where a temporary remedy is sought to maintain the status quo until the larger legal issues can be heard at trial.

In matters relating to the infringement of a patent, an injunction may be sought by the patent owner (Applicant) to stop a defendant (Respondent) from doing the acts the patent owner alleges infringe the patent, until the Court has had the opportunity to determine whether or not the patent has been infringed.  In this article we consider Interlocutory Injunctions in patent matters and how the tests differ from non-patent matters. [Read more…]

Can you infringe a trade mark by exporting a product?

A trade mark is a sign used to distinguish goods or services from other similar goods or services, generally to associate that good or service with a brand.  Trade mark signs are a valuable form of intellectual property as they allow consumer to quickly and easily associate products with their favourite brands.  In Australia, the Trade Marks Act 1995 (Cth) (Trade Marks Act) provides protection for the owners of registered trade marks.  In this article, we consider whether a person infringes a trade mark by manufacturing a good to sell overseas rather than in Australia – does the Trade Marks Act protect the Australian trade mark owner? [Read more…]

Trade mark infringement – an introduction

What is a trade mark?

A registered trade mark is a sign which helps distinguish a traders goods or services from other traders. A registered trade mark can help protect and distinguish a brand from other brands in the marketplace, thus becoming a vital component of any effective marketing strategy. In Australia trade mark registration is governed by the Trade Marks Act 1995 (Cth) (Act). [Read more…]

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