Australia ended 2016 flipping through the pages of the Productivity Commission’s final Inquiry Report on Australia’s Intellectual Property Arrangements. In general, the Commission considers that IP rights encourage innovation, but are not always necessary for it and can often be used harmfully. The proposed changes are aimed at balancing the interests of rights holders with…

IP Australia has recently published its Exposure Drafts for the Intellectual Property Laws Amendment Bill 2017 and the Intellectual Property Laws Amendment Regulations 2017 for public comment. The amendments aim to “align and streamline the processes for obtaining, maintaining and challenging intellectual property (IP) rights” and to ” reduce the regulatory burden for businesses that…

On 21 October 2016, the Federal Court of Australia handed down its judgment in the case of Apotex Pty Ltd v Warner-Lambert Company LLC (No 2) [2016] FCA 1238 (FCA Judgment).  Justice John Nicholas found in favour of Warner-Lambert, both upholding the validity of its patent claims and granting final injunctions restraining infringement by Apotex….

This question was tackled by the Full Federal Court of Australia in Kafataris v Davis [2016] FCAFC 134. The patent in suit related to an alternative manner of playing card games. The player could play a primary game while at the same time exercising betting options on a secondary or auxiliary game, either separately from…

On 9 September 2016, the Full Federal Court of Australia delivered its judgment in Actavis Pty Ltd v Orion Corporation [2016] FCAFC 121 (Actavis).  The proceedings concerned the infringement/revocation of a patent for Stalevo, Novartis’ 3-in-1 Parkinson’s disease drug. A related issue was whether Novartis Pharma AG (Novartis) was the exclusive licensee of Orion’s 765932…

On 22 July 2016, IP Australia approved a patent specification involving computer programming in poker machines in Aristocrat Technologies Australia Pty Limited [2016] APO 49. IP Australia’s decision comes on the heels of the High Court of Australia’s approval of the Full Federal Court decision in Commissioner of Patents v RPL Central Pty Ltd [2015]…

On 24 June 2016, the Full Federal Court of Australia upheld an appeal from a first instance decision which gave a broad construction to an omnibus claim in the case of GlaxoSmithKline Australia Pty Ltd v Reckitt Benckiser Healthcare (UK) Ltd [2016] FCAFC 90. Reckitt’s claim against GSK included allegations of infringement of various claims (including…

On 29 April 2016, the Australian Productivity Commission published a Draft Report on its enquiry into Australia’s Intellectual Property Arrangements. Although the Draft Report provides separate analyses on the state of copyright, patents, designs and trade marks, it arrives at a common conclusion:  Aussie IP needs work. “Not as effective as they could be” The…