Duncan Bucknell
Strategic Intellectual Property
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 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...
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...
EPO enlarged board of appeal rules that non-reproducible commercial products are prior art when assessing novelty and inventive step. A product put on the market before the filing date of a European...
The long-awaited Anthropic “Claude” AI training, copyright fair use judgment has just been issued in the Northern District of California, USA. Here are some important takeaways for business owners: It goes...
Nike settles trade mark dispute with “Shoe Surgeon” Dominic Ciambrone over his high end customised shoes. He’s apparently allowed limited customization with removal of any Nike IP. StupidDope; SGB Media; hypebeast;...
Be proactive in managing your brands, especially when entering and operating in new markets, even if online. Be quick to identify and avoid or address potential conflicts as the expense and...
Another Repatha instalment, this time the UPC (Unified Patents Court) in Europe issued it’s first decision on infringement of second medical use claims. Regeneron’s EP 3536712 patent (licensed to Sanofi) found...
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