13 November 2020
Australia’s High Court introduces patent exhaustion doctrine into Australian law – awarding a victory to remanufacturers
www.twobirds.com/en/news/articles/2020/australia/australias-high-court-introduces-patent-exhaustion

In the long running patent infringement battle between OEM cartridge supplier Seiko Epson, and the remanufacturer of its cartridges, Calidad, on 12 November the High Court delivered its judgment, imposing a significant ...

23 February 2021
Patent claims directed at solving the volume of workplace health & safety paperwork are ‘a good idea’ but unpatentable: Federal Court of Australia
www.twobirds.com/en/news/articles/2021/australia/patent-claims-directed-at-solving-the-volume-of-workplace-health-and-safety-paperwork

Can a patentee overcome a decision that the invention claimed is not a manner of manufacture (ie. does not contain patentable subject matter) by amendment? On 29 January 2021, the decision in Repipe #2 was handed down ...

17 August 2020
Australia Chapter in "Antitrust and Intellectual Property Review" Fifth Edition
www.twobirds.com/en/news/articles/2020/australia/australia-chapter-in-antitrust-and-intellectual-property-review-fifth-edition

Our Australian competition and IP team have recently contributed a chapter to the Fifth Edition of The Intellectual Property and Antitrust Review.

22 May 2020
Federal Court confirms that schemes are not patentable merely because they are "new and ingenious" and are implemented using a computer
www.twobirds.com/en/news/articles/2020/australia/full-federal-court-confirms-that-schemes-are-not-patentable-merely-because-they-are-new

The Federal Court of Australia has found a patent directed at a digital marketing scheme no more than a list of steps to be implemented by a computer using its well-known functions, and is not a patentable invention: ...

21 December 2018
Australia's new Therapeutic Goods Advertising Code effective 1 January 2019
www.twobirds.com/en/news/articles/2018/australia/australias-new-therapeutic-goods-advertising-code-effective-1-january-2019

The past year has seen several key changes to the regulatory framework governing the advertising of therapeutic goods (medicines and devices) in response to the Sansom Review.

27 June 2018
Reasonable minds can differ: Has the Federal Court of Australia lowered the test for overturning judgments?
www.twobirds.com/en/news/articles/2018/australia/has-the-federal-court-of-australia-lowered-the-test-for-overturning-judgments

The slogan “like brands, only cheaper” is central to German supermarket giant Aldi’s business model. Aldi’s house brands are developed on the back of successful “original” products but are provided at a lower price ...

03 September 2018
New IP Act Passed in Australia: implementing Phase 1 recommendations of the Productivity Commission
www.twobirds.com/en/news/articles/2018/australia/new-ip-act-passed-in-australia

On 16 August 2018, the Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Bill 2018 (Bill) passed through both Houses of Parliament and will shortly come into force upon ...

07 November 2019
Opening the gates for generics - E-prescribing requirements implemented in Australia
www.twobirds.com/en/news/articles/2019/australia/opening-the-gates-for-generics-e-prescribing-requirements-implemented-in-australia

The Australian Pharmaceutical Benefits Scheme (PBS) provides for and regulates government subsidies for the supply of certain medicines. A requirement to receive subsidised medicine under the PBS is that the medicine ...

12 June 2019
Deliberate copying: Federal Court finds patentee entitled to additional damages in patent infringement case
www.twobirds.com/en/news/articles/2019/global/federal-court-finds-patentee-entitled-to-additional-damages-in-patent-infringement-case

On 3 June 2019, in a recent decision of the Federal Court of Australia in Gram Engineering Pty Ltd v Oxworks Pty Ltd [2019] FCA 689, a rare order was made finding that the patentee is entitled to additional damages for ...

29 September 2020
An overview and update on the protection of trade secrets in Australia
www.twobirds.com/en/news/articles/2020/australia/an-overview-and-update-on-the-protection-of-trade-secrets-in-australia

This publication is the 10th of a series of articles written by members of our International Trade Secrets Group, highlighting points of note regarding the protection of Trade Secrets in various jurisdictions.