DCC Insights (Issue 16) showcases the latest IP and legal articles, industry updates, and DCC news and events.
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Articles
Patents
Clinical trial disclosures a significant risk to patent validity in Australia
A recent Australian Patent Office decision in Astellas Pharma Inc. v Aragon Pharmaceuticals, Inc. [2022] APO 36 has reiterated the importance of filing a patent application before publishing clinical trial information in Australia, where even untested hypotheses can put method of treatment and Swiss-style claims at risk of invalidity. The decision also highlights that the prior art need only disclose the therapeutic purpose but not necessarily a therapeutic effect in order to anticipate method of treatment or Swiss-style claims. Read more here.
Trade Marks
The existence of “Zombie” marks in New Zealand forces brand owner back to court
A New Zealand brand owner has unusually had to appeal its own successful trade mark non-use revocation action before IPONZ to kill off a “zombie” trade mark – a trade mark pending or registered at the time a new trade mark application is filed but that has subsequently been removed from the Register – in Blink Cameras Limited v Flexirent Capital Pty Limited [2022] NZHC1653. Despite the applicant of the new trade mark, Blink Camera Limited (BCL), succeeding in its application to revoke the zombie mark, IPONZ deemed its revocation date to be after BCL’s mark was filed. Thus, BCL had little option but to appeal the revocation of the zombie mark to secure an earlier revocation date that would not impede on its own registration. Fortunately for BCL, the High Court obliged and backdated the revocation of the earlier mark to before the filing of BCL’s mark. Read more here.
Intellectual Asset Governance
Managing Intangible Assets – Practical Tips for Business Leaders
Does your business have a plan in place to manage its IP, data, R&D, staff skills, organisational competencies, and relationships with suppliers and customers? Our resident experts in intellectual asset management have put together some practical tips to assist business leaders in effectively managing intellectual assets to drive value and mitigate risk. Read more here.
Singapore
Parallel imports and the trade mark risks in Singapore
The importation and resale of goods from overseas markets into local markets (a.k.a. parallel importing) is a common practice around the world, including in Singapore. However, the practice can risk breaching local IP rights. We set out some of the key trade mark infringement considerations relevant to the sale of parallel imports in Singapore in our article here.
DCC News & Events
Who’s Who Legal recognise DCC as a ‘Leading Firm’ in Asia Pacific
DCC is pleased to have 13 of our team recognised for their exceptional performance by Who’s Who Legal for 2022. Three individuals have been named ‘Global Elite Thought Leaders’, and many others have been recognised in the categories of Life Sciences, Data, Copyright, Patent Agents and Attorneys, Patents and Trade Marks. DCC has also been recognised as a ‘Leading Firm’ for Trade Marks in Asia Pacific. Find a full list here.