Trade Marks are a deceptively complex area of the law. The way trade marks are registered, used and enforced can lead to expensive clashes over intellectual property rights. In this article, we’ll highlight some famous Australian trade mark infringement cases from recent years, as well…
It is often necessary for intellectual property (IP) rights holders to enter into legally binding agreements with others. For example, when licensing or assigning their IP, rights holders will need to do so with an appropriate legal document. Section 127 of the Corporations Act…
Table of Contents Your brand’s unique identifiers are a simple way to connect with customers and grow your business. If those unique identifiers are copied, it can dilute your brand and damage consumer confidence. This can be prevented by registering a trade mark with IP…
The patent system allows innovators to claim exclusive rights to their inventions. That’s important, because it means inventors can recoup their expenses in research and development, and it encourages the market to consistently invest in new technologies. However, not all inventions are patentable. To qualify…
Artificial Intelligence (AI) is changing the way we think of intellectual property (IP) law. Is Australia’s legislation equipped to handle widespread AI innovations and inventions? Australia enjoys some of the world’s most robust intellectual property law. Local regulations allow creators, inventors and innovators to turn…
There are lots of ways to approach developing a new invention. One of the most common methods, especially in relation to mechanical inventions, is to create a prototype. Prototyping an invention is a great way to refine the concept and work through any roadblocks. Prototyping…
It is typically very difficult, near impossible, to obtain registration for single letter trade marks unless they are heavily stylised. For example, some notable single letter trade marks that are heavily stylised and have proceeded to registration in Australia include: Australian Postal Corporation 480136 Toyota…
An objection raised by IP Australia under section 41 of the Trade Marks Act 1995 refers to an issue with the applied trade mark being capable of distinguishing the goods and services from the goods and services of others. An example of when a section…
Australian regulations provide excellent protection for new ideas, inventions and products. One of the most versatile forms of intellectual property is design registration. Registering your design is an excellent way to protect the unique appearance of your products. This increases the value of your products,…
Background On 1 December 2016, Mars filed Australian patent application no. 2016365338 (the Application) for a composition which modifies a final food aroma to mimic the aroma of chocolate crumb powder. Claim 1 of the Application is directed to a chocolate composition that has two…
