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Plant Breeder’s Rights in Australia: updated, amended and strengthened

Intellectual Property| 03 Mar 2019

Plant Breeder’s Rights in Australia: updated, amended and strengthened

Recent amendments to the PBR Act have strengthened PBR rights and have aligned aspects of PBR with other intellectual property laws in Australia.

Case update: trade mark licensing and register formalities in the spotlight

Intellectual Property| 26 Feb 2019

Case update: trade mark licensing and register formalities in the spotlight

The Federal Court recently handed down its decision in Calico Global Pty Ltd v Calico LLC1. This decision highlights the potentially fatal consequences of not updating the IP Australia register to reflect a change in trade mark ownership.

Insufficient control in trade mark licence agreement results in successful non-use claim

Trade Marks| 18 Aug 2016

Insufficient control in trade mark licence agreement results in successful non-use claim

Campari America LLC (previously known as Skyy Spirits or Austin Nichols) (Campari) has been unsuccessful in an appeal before the Full Federal Court in relation to a non-use application brought by Lodestar Anstalt (Lodestar).

Trade mark use in Australia: foreign distributor found liable for infringement even where the first sale of its product was overseas.

Trade Marks| 20 Jul 2016

Trade mark use in Australia: foreign distributor found liable for infringement even where the first sale of its product was overseas.

Two companies incorporated in Hong Kong which were part of a corporate group which manufactured and distributed toys to exporters in China have each been found to have infringed trade marks registered in Australia when the products were subsequently exported ...