Recent Blogs

One hundred years of Australian patent law was overturned last year when the High Court ruled on a patent infringement case allowing a company to sell used Epson printer ink cartridges that had been modified and refilled. The decision, Calidad Pty Ltd v Seiko Espson Corporation [2020] HCA 41, makes it clear that purchasers of […]

Read More

The Federal Court recently ordered food giant Shepparton Partners Collective Operations Pty Ltd (SPC) to pay over a million dollars in damages to a software company in a case that serves as an important reminder to conduct comprehensive due diligence to ensure licences for critical software systems are properly transferred. Copyright infringement of unlicensed software […]

Read More

Earlier this year, the Information and Privacy Commissioner Angelene Falk (Commissioner) made a landmark determination on a data breach by the then Department of Immigration and Border Protection (DIBP) that resulted in the sensitive information of 9,258 asylum seekers being made publicly available. The million dollar mistake In February 2014, as was the practice at […]

Read More

The Instant Asset Write-Off (“IAWO“) scheme under the Income Tax Assessment Act 1997 (Cth) (“the ITA“) allows business to claim an immediate deduction for depreciating assets, provided they are used for tax-deductible purposes. On 25 March 2020, the Coronavirus Economic Response Package Omnibus Bill 2020 (Cth) came into force as part of the Federal Government’s […]

Read More

Earlier this year, South Australia joined all other mainland Australian states in allowing the commercial cultivation and transportation of Genetically Modified (GM) crops.  With the exception of Kangaroo Island, no individual South Australian areas will remain GM-free from November 2020, despite 11 applications for such designations being made. Introduction of moratorium Under the Genetically Modified Crops […]

Read More

The significant financial penalty incurred by HealthEngine in the Federal Court functions as a timely reminder to businesses that breaches of privacy may lead to the Australian Competition and Consumer Commission (ACCC) pursuing enforcement action under the Australian Consumer Law (ACL). Recent proceedings in the Federal Court brought by the ACCC revealed that HealthEngine, an […]

Read More

IP Australia has announced changes to its official fees, commencing from 12am on 1 October 2020.  This includes increases to trade mark, design, patent and plant breeder’s right fees, in order to recover its costs of administering these intellectual property rights. For trade mark applicants, the most notable changes to trade mark fees are as […]

Read More

In a previous blog, we wrote about the High Court of Australia’s finding in the defamation action brought by Milorad Trkulja against Google Inc. that Google search results had the capacity to be defamatory.  So we were interested to learn of the Supreme Court of Victoria’s decision in Defteros v Google LLC [2020] VSC 219, […]

Read More

In light of the current COVID-19 pandemic, the Therapeutic Goods Administration (TGA), which regulates medicines and medical devices (including items such as face masks), has issued (limited) exemptions in relation to medical devices that are, generally, subject to numerous requirements, including applying for their inclusion in the Australian Register of Therapeutic Goods (the Register) before […]

Read More

A surprisingly regular case that arises in trade mark disputes is where competing marks share the same prefix or suffix.  Think SONOVUE v SONOVIST, MOO v MOOVE, TIVO v Vivo. The recent Federal Court decision Dr August Wolff GMBH & Co. KG Arzneimittel (Dr Wolff) v Combe International Ltd (Combe)[1] is one of these classic […]

Read More