Patents

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 […]

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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 […]

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Preferential drug supply arrangements at patent’s end found not to amount to misuse of market power or exclusive dealing On 25 May 2018 the Full Federal Court dismissed an appeal by the ACCC and confirmed that Pfizer had not engaged in misuse of market power or exclusive dealing (within sections 46 and 47 of the […]

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Power and PDP Group (Power) sued Paul Schembri  and a company owned by his brother (Bettergrow) for patent infringement in the Supreme Court of Queensland in respect of a machine used to produce compost. Liability was denied and a cross claim was made for revocation of the patent. At the time of the proceedings, Bettergrow […]

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Much has been written about computational law and blockchain recently. In short, computational law has been described as systems that can make automatic legal reasoning which can determine the outcome of a case. We have written about blockchain in our blog here http://www.tglaw.com.au/ip-blog/2018/03/01/unravelling-blockchain-guide-blockchain-ip/. We would all be burying our heads in the sand if we ignored […]

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The future of Bitcoin and other cryptocurrencies remains controversial. However, their underlying technology – Blockchain – is likely to prove revolutionary. If you are still trying to distinguish your Bitcoin from your Blockchain, you are not alone. This post provides a no-nonsense guide to Blockchain and its potential impact on intellectual property (IP). Blockchain 101 […]

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Bayer Pharma AG (Bayer) pursued Generic Health Pty Ltd (GH) for damages for patent infringement.  In a recent Federal Court decision, GH had been found to have infringed a patent for a pharmaceutical combination of ethinylestradiol (EE) and drospirenone (DRSP) for use as a female oral contraceptive (OC).[1] Bayer’s claim Bayer elected damages and claimed […]

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On 25 October 2016, the Federal Court of Australia (FCA) published 26 new practice notes as part of the National Court Framework reforms.  Amongst these is the Intellectual Property Practice Note (IP-1) which establishes guidelines for all current and future Intellectual Property matters in the FCA. The practice note updates and expands the previous practice […]

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