The ultimate goal in a global IP dispute is rarely to fight and win every case in every country in the world. This is usually a waste of time and money....
The Intellectual Property Laws Amendment Bill (2006) was passed by the Upper House of the Australian Federal Parliament on 14 September 2006. The major amendments are: Exemplary damages for patent infringement...
On 4 September 2006, the Full Court of the Australian Federal Court handed down judgment in Woolworths Limited v BP plc [2006] FCAFC 132. In essence, to establish that a colour...
The following four simple steps can dramatically improve your ability to create and capture intellectual property (whether it relates to inventions, brands, works of art, know-how or whatever): create an IP-Conscious...
The US Court of Appeals for the Federal Circuit has now confirmed that a patent claim can be invalidated on what was previously considered to be a minor technical defect. (Basically,...
Building a successful brand requires an exceptional track record in at least the following areas (B.R.A.N.D.I.N.G.): Be in touch (senior executives to articulate the brand); Recognition (by the right people), Adaptability,...
Like diamonds, trade marks last forever (provided that you manage them correctly). Thus, trade marks are a vital aspect of building and extending an IP monopoly in many fields, not least...
To be patentable in Australia: A business method must produce a ‘useful product’ – a physical phenomenon or effect resulting from the working of the method. It must be more than...
Can you sue a group of related companies for patent infringement across Europe in one consolidated proceedings in a single jurisdiction? No. A patentee must sue each infringer in their country...
For the foreseeable future at least some confusion will remain about the scope of product by process claims in the US. On 22 June 2006 the US Court of Appeals for...
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