Mallesons IP Whiteboard - Latest news in copyright, trade mark and patents law from Australia and around the world

The University of Western Australia’s application for special leave to appeal was heard in Sydney this morning and early reports are saying that the High Court has refused special leave.  read more »

Is the grant of a patent the most effective way of encouraging medical research and innovation?  This is the question now facing a US Federal court in proceedings being led by the American Civil Liberties Union against Myriad Genetics and the University of Utah Research Foundation, who jointly hold the patents for the BRCA1 and BRCA2 genes (genes which are associated with breast cancer), and the US Patent and Trademark Office.

Last year was was a pretty grim year for economic activity.  However, while intellectual property did not avoid the effects, a recent report from the the World International Property Organisation ("WIPO") provided some interesting findings.  read more »

January is resolution time. A universal thought takes over: "I need to quit smoking, lose weight and call my mother more!" The IP Whiteboard team are not immune to this infectious optimism, and have put together some "IP resolutions" to kick off Twenty Ten. It's not exactly Letterman's Top 10, and we know that resolutions aren't always kept, but here goes!  read more »

Anyone selling products in the United States will need to take heed of a recent United States appellate court decision.  read more »

The High Court has refused to grant special leave from a decision of the Full Federal Court (H Lundbeck A/S v Alphapharm Pty Ltd [2009] FCAFC 70) concerning a patent for the (+)-enantiomer of citalopram, known as escitalopram.  read more »

In an update to our earlier post, the High Court has refused an application by Dura-Post for special leave to appeal from a decision of the Full Federal Court.  read more »

IP Australia recently released a sequel to its round of consultation papers released earlier this year on changing Australia's patent law. The new paper expands upon and, in some cases, alters previous reform proposals. In particular, it proposes to change the prior art base for inventive step, abandons the proposed codification of obviousness and abandons "fair basis" in favour of  "support". It also gives content to the proposed experimental use exception to infringement. More detail on the specific proposals follows.  read more »

Hot off the press is the Federal Court judgment in Bitech Engineering v Garth Living [2009] FCA 1392 handed down on 26 November 2009. The case involved a patent for simulating flames in domestic room heaters. Foster J extinguished both Bitech's claim that its patent had been infringed and the respondents' cross-claim that the patent was invalid.  read more »

IP Australia has announced a second round public consultation on IP rights reforms. The closing date for submissions is 12 February 2010.