Duncan Bucknell
Strategic Intellectual Property
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...
The latest Federal Budget reshapes the operating environment for IP‑intensive businesses in ways that go well beyond tax. Refundable R&D offsets for younger firms, the removal of supporting R&D categories, and...
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 Federal Court’s decision in Deakin University v Macreadie (Final Orders) [2026] FCA 583 is a sharp reminder that IP strategy is not just about protecting assets — it’s about shaping...
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...
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