In a widely reported decision, a US district judge has ruled that patents which claim genetic sequences for the "breast cancer gene", and a method for their detection, are invalid on the basis that they are directed towards a law of nature, and therefore not an invention. This development, if upheld by a superior court, is likely to feed into the policy debate in Australia regarding the patentability of human genes. read more »
Partner: 
Last Friday, the Federal Court handed accommodation manager Mantra Group a landmark victory, ruling that an operator of websites used to source accommodation bookings had misused Mantra's trade marks. Mallesons partner John Swinson takes a close look at the decision and the implications for trade mark owners here. Mallesons represented Mantra in the litigation.
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An Indonesian government policy endorsing the use of open source software (OSS) within government organisations "weakens the software industry", according to the International Intellectual Property Alliance (IIPA). read more »
A recent Federal Court decision has provided useful guidance on the meaning of "authorise" under s 13 of the Patents Act 1990 (Cth). read more »
The recent US decisions of Elsevier BV v UnitedHealth Group, Inc and Reed Elsevier, Inc v Muchnick has again underscored the importance of copyright registration in the United States, and the pitfalls for foreign copyright holders who fail to effect such registration. read more »
In an earlier blog post, we commented on Google's bid for the "NEXUS ONE" trade mark for its recently released smartphone and claims by the estate of science fiction writer Philip K Dick that the name has been taken from his novel Do Androids Dream of Electric Sheep?. Quite apart from its unresolved issues with androids and electric sheep, Google has hit another hurdle in its application for the "NEXUS ONE" trade mark... read more »
By now, most readers will have seen that the European Court of Justice (ECJ) has handed down its long awaited decision in relation to Adwords on 23 March 2010. However, why do we all care and what does it mean? read more »
Further to our 5 March post, in the first successful Vioxx class action anywhere in the world, the Federal Court has found that Vioxx doubled the risk of heart attack in patients.
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Tiger Woods' announcement yesterday that he will return to professional golf at the US Masters in Augusta provides a (very loose) opportunity to discuss "how times have changed" when it comes to permissible speech. read more »
While most of us were spoiling our appetites with lollies from Allen's RETRO PARTY MIX, Nature's Blend was busy bringing legal action over the use of the words 'luscious Lips' on the packaging. Enter Justice Sundberg with some answers to some of life's most puzzling trade mark questions, including:
- Are the words 'luscious Lips' distinctive or descriptive?
- What is use as a trade mark and are other marks on the packaging relevant?