Duncan Bucknell
Strategic Intellectual Property
A registered design buys you a finite head start, not a permanent moat. When it lapses, competitors are free — and, the law says, encouraged — to copy. The Federal Court’s...
Strip the case names away and one pattern runs through this month’s posts: the decisive moment in an IP matter almost never happens in the courtroom. It happens years earlier —...
A decade-long battle over an anti-scaling method for the Bayer process has just delivered a sharp reminder that patent claims are commercial instruments, not afterthoughts. In Nalco Company v Cytec Industries...
A catchy name and a fast start built a billion-dollar lending business — but neither could rescue the trade mark when it mattered most. Australia’s High Court has now confirmed that...
The European Commission has launched a call for evidence on targeted measures to modernise the EU copyright framework, with generative AI at the centre. It is asking, in plain terms, how...
How quickly a patent can lose its strategic value when the underlying disclosure isn’t built to withstand real‑world scrutiny. In the Federal Court’s decision in Orikan v VMS (No 2), Orikan’s...
Last week a US federal judge delaying final approval of Anthropic’s proposed US$1.5B copyright settlement with authors and publishers over alleged use of pirated books in training its Claude models. The...
The recent McKinsey article “Using AI to boost productivity is unlikely to create a sustainable advantage” (read it here) offers a timely reminder for business owners with valuable IP portfolios: AI-driven...
The Davies v Lazer Safe decision is a timely reminder that in IP disputes, leverage often sits in the procedural details. The Court clarified that an old filing restriction—tied to documents...
European Patents – do applicants have to amend the description to match the allowed claims? Finally there is a referral to the Enlarged Board of Appeal (G1/25) to sort out this...
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