Intellectual property law

Interlocutory injunctions and undertakings as to damages

An interlocutory injunction is an order made by the Court prior to trial either preventing or requiring some undertaking to be taken by one or more parties.  The Courts acknowledge that the imposition of such an interlocutory injunction on a party is not necessarily final and is subject to change.  As such, an undertaking as to damages is usually required by the party seeking an interlocutory injunction (Applicant).  This article discusses the established principles the Court will use to discern whether an Applicant has an adequate case for granting an interlocutory injunction. [Read more…]

What is the proposed ‘patent box’ tax incentive?

The Federal Government has announced in its 2021-2022 budget the ‘patent box tax regime’ (Regime).  The Regime is in effect a $206 million boost to Australian biotech and medtech innovators (Research Areas) via the implementation of a concessional corporate tax rate. [Read more…]

Accessory liability for copyright infringement

An accessory is a person or corporation involved in another’s wrong or unlawful act.  The tort of accessory liability is an important area of law allowing claims to be brought against “accessories” who participate in wrongdoings.  This is desirable in circumstances where, for example, the primary wrongdoer is insolvent, lacks capacity, or for some other reason cannot be pursued through regular legal channels.  In such circumstances, it may be just or equitable for a claimant to pursue a third party, the accessory, if they were sufficiently involved in any wrongdoing.  Even in circumstances where the primary wrongdoer can be pursued, accessory liability provides a mechanism for enhancing the protection afforded to holders of legal rights against interference by accessories. [Read more…]

Proposed amendments to use of orphan works

On 13 August 2020, Paul Fletcher MP, Minister for Communications, Cyber Safety and the Arts, announced amendments to the Copyright Act 1968 (Cth) (Act).  The amendments follow two (2) years of stakeholder consultation, and finalise the Government’s response to the Productivity Commission’s 2016 Intellectual Property Arrangements Report.  The reforms focus on the use of “orphan works”, with an aim to provide a framework for copyright that is fit for the digital age. [Read more…]

Indirect patent infringement – lessons from Quaker Chemical

In the recent decision of Quaker Chemical (Australasia) Pty ltd v Fuchs Lubricants (Australasia) Pty Ltd (No 2) [2020] FCA 306 (Quaker Chemical) the Federal Court of Australia decided that a company had indirectly infringed two (2) patents by supplying its customers with a product, because its use by customers would have infringed the methods of the patents. [Read more…]

Aristocrat hits the jackpot in Federal Court ruling

In the recent decision in Aristocrat Technologies Australia Pty Limited v Commissioner of Patents [2020] FCA 778 (Aristocrat Case), the Federal Court had to consider whether a claim in four (4) innovation patents directed to an electronic gaming machine (EGM), having a combination of physical parts and computer software for gameplay, was a manner of manufacture.  The Federal Court ultimately found that the delegate of the Commissioner of Patents (Delegate) had erred in deciding that the claims were not a manner of manufacture. [Read more…]

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