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Find the latest thinking from Ashurst - in-depth insights, new research, and original ideas from our specialists across the firm.
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76 Results
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AI: Understanding the IP
21 NOV 2019 A deep dive into patentability of AI, ownership and entitlement to AI-created inventions
In this second article on our series on artificial intelligence (AI) and intellectual property (IP), we take a deep-dive into questions of patentability...
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IP @ Ashurst
01 OCT 2019 Longstanding competition exemption for intellectual property rights removed
The Commonwealth Parliament recently passed the Treasury Laws Amendment (2018 Measures No. 5) Act 2019 which took effect on 12 September 2019. This Act...
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IP @ Ashurst
01 OCT 2019 But I paid for it! Full Court considers the scope of the implied licence granted on sale of patented goods
Calidad Pty Ltd v Seiko Epson Corp [2019] FCAFC 115 - The Full Federal Court examines whether repurposing a patented product falls within the scope of...
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IP @ Ashurst
01 OCT 2019 A "monster" ruling on the admissibility of various internet resources
In the recent decision of Rodney Jane Racing Pty Ltd v Monster Energy Company [2019] FCA 923, Rodney Jane Racing Pty Ltd successfully appealed the decision...
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IP @ Ashurst
01 OCT 2019 Was it a threat? Unjustified threats cross-claim dismissed
The Federal Court of Australia has opined on the law of unjustified threats of infringement proceedings. The court considered whether the language of a...
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IP @ Ashurst
01 OCT 2019 Who holds the TRIDENT controls the Australian seas - Lessons in trade mark use by parent companies
Trident Foods has successfully defended challenges to its TRIDENT trade marks by Trident Seafoods in the Full Federal Court of Australia. The Full Court...
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ip@ashurst
01 OCT 2019 Out of Step: Copyright Law, Popular Dance & Fortnite. Epic Games is the Last Player Standing.
Fortnite computer game – protection of dance move - application of US and Australian copyright law
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IP @ Ashurst
01 OCT 2019 Toilet troubles? ACCC appeals Federal Court decision regarding misleading representations in relation to flushable wipes
In July of this year the Australian Competition and Consumer Commission (ACCC) filed an appeal against the Federal Court's decision to dismiss the case...
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ip @ Ashurst
01 OCT 2019 Use of own name defence to trade mark infringement has its limitations
The Federal Court found that the words V. MITOLO AND SON were found to be deceptively similar to the mark MITOLO and therefore to infringe the MITOLO trade...
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IP @ Ashurst
01 OCT 2019 Innovation patents to go, clarifying rights of Government to use inventions and other changes to the Patents Act
Authors: Phillipa Anstey, Lawyer; and Kellech Smith, Partner.
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AI: Understanding the IP
25 SEP 2019 Introduction to the protection of IP rights in artificial intelligence
In this first of a series of articles on AI and IP, we introduce the methods that businesses can employ to protect their IP rights in AI.
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IP @ Ashurst
08 JUL 2019 Hellish outcome for marketplace website on IP infringement
A copyright and trade mark case involving Hells Angels insignia has held that a website operator can be liable for intellectual property infringements...
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IP @ Ashurst
08 JUL 2019 Franchisors in the firing line
The ACCC has had significant success in recent enforcement actions in relation to illegal conduct by franchisors, Ultra Tune Pty Ltd and Geowash Pty Ltd....
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IP @ Ashurst
08 JUL 2019 Safety first! TGA's new Action Plan for Medical Devices
On 4 April 2019, the Therapeutic Goods Administration released its "Action Plan for Medical Devices", and they will be consulting with the public and stakeholders...
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IP @ Ashurst
08 JUL 2019 A service or a product? The court looks closely at the intended use of a trade mark
The Full Federal Court overturns the grant of an application for trade mark registration of the mark DISCOVER DOWNUNDER, for failure by the applicants...
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IP @ Ashurst
08 JUL 2019 The Price of Copyright: ACCC releases Guidelines to help quantify Copyright Material
ACCC published new guidelines to assist the Copyright Tribunal in determining the reasonableness of copyright pricing terms relating to voluntary licences...
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IP @ Ashurst
08 JUL 2019 Sun continues to shine for generics on balance of convenience: Sun Pharma given green light to launch
This is the first pharmaceutical patent case in Australia to address whether an interlocutory injunction should be granted to prevent generic launch pending...
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IP @ Ashurst
08 JUL 2019 IP Bite: Federal Court orders $2.3 million penalty for counterfeit Aboriginal art
What you need to know The Federal Court has ordered that a pecuniary penalty of $2.3 million be paid for the sale of products falsely represented...
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IP @ Ashurst
08 JUL 2019 Viagogo's ticket sales a 'via-no-no'
Authors: Elizabeth Arms, Lawyer, Annika Barrett, Senior Expertise Lawyer and Kellech Smith, Partner.
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Food Law Update | Australia
29 MAY 2019 Pregnancy warning labels expected to become mandatory for packaged alcoholic beverages
We update you on the introduction of a mandatory labelling standard requiring pregnancy warnings for alcoholic beverages.
