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…
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…
ToolGen provides a stark reminder of what not to do when filing a provisional patent. ToolGen is a Korean company involved in the development of gene editing products and services. In particular, ToolGen is focused on CRISPR/Cas technologies that allow DNA to be cut and…
When asserting trade mark infringement under the Trade Marks Act, it is also common to assert breach of the Australian Consumer Law (ACL). In instances where an infringed trade mark is unregistered, an action may be bought solely under the ACL. Recently, the Pokémon Company…
Despite serving very different purposes, Apple watches and the Pokies have obtained similar IP protection for their Graphical User Interfaces (GUIs). GUIs refer to the point of human-computer interaction and communication, usually taking the form of a button appearing on a screen. Speaking of buttons, …
In March 2021, Mariah Carey’s counsel filed a United States trade mark application for “Queen of Christmas” for a range of goods and services. Trade Mark Goods and Services Mariah does actually want a lot for Christmas. She is seeking protection for her “Queen of…
Director Jonathan Lewis Kings Patent and Trade Marks Attorneys is excited to announce that Jonathan Lewis has been appointed Director of the firm. Jonathan joined the firm in 2021, bringing over 15 years’ experience working as a patent and trade mark attorney and as a…
What’s in the Box: Federal Budget incentives to stimulate innovation in Australia In the 2022-23 Federal Budget, the Australian Government announced that it will extend the “Patent Box” system to include the agricultural sector and low emissions technology innovation if it wins government. In addition, the system…
Why “My Invention Just Works Better” Won’t Get You A Patent As patent attorneys, it’s very common to hear an inventor say that their invention is better than existing devices or methods because it is faster/cheaper/more efficient and so on. While these advantages are important…
Be Prepared – Trade Shows & Conventions As Australians are adapting to the new Covid-Normal, many of us are thinking about travelling interstate or overseas to attend trade shows and conventions. While trade shows and conventions provide you with an opportunity to show off new…
