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  1. Legal news
    13 November 2020
    Australia’s High Court introduces patent exhaustion doctrine into Australian law – awarding a victory to remanufacturers

    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 ...

  2. Legal news
    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

    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 ...

  3. Legal news
    17 August 2020
    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.

  4. Legal news
    07 November 2019
    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 ...

  5. Legal news
    12 June 2019
    Deliberate copying: 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 ...

  6. Legal news
    22 May 2020
    Federal Court confirms that schemes are not patentable merely because they are "new and ingenious" and are implemented using a computer

    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: ...

  7. Legal news
    21 December 2018
    Australia's 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.

  8. Legal news
    27 June 2018
    Reasonable minds can differ: 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 ...

  9. Legal news
    03 September 2018
    New IP Act Passed in Australia: implementing Phase 1 recommendations of the Productivity Commission

    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 ...

  10. Legal news
    11 May 2021
    An overview of the current and proposed medical cannabis regulatory regime in Australia

    Currently, medicinal cannabis in Australia is regulated by a series of overlapping pieces of State and Federal legislation: regulatory regimes targeting narcotic drugs, poisons and controlled substances and therapeutic ...