IP Update – December 2009 Issue 6
As the year draws to a close, we would like to take this opportunity to thank our clients and staff for your support throughout the year. We were again honoured this year to receive two industry awards: Australasian Legal Business Award for IP Specialist Firm of the Year and the World Leaders International IP Award for ASIA PACIFIC – Excellence in Trademark Practice/Litigation.
Our people continue to be recognised by the profession for their outstanding contributions; Marion Heathcote was recently presented with the International Trademark Association’s (INTA) award for the Advancement of Trademark Law, an award which recognises individuals who provide exemplary volunteer service to INTA in a specific year; and Peter Huntsman was elected as President of the International Federation of Intellectual Property Attorneys (FICPI) for a three year term.
It is also a year in which we welcomed three staff to join our partnership: Richard Brown, Paula de Bruyn and William Hird. The firm continues to expand, recruiting staff at all levels within the firm and also in each of the firm’s main offices in Melbourne, Sydney and Brisbane. On behalf of Davies Collison Cave we wish all our clients and staff Seasons Greetings, Peace and Happiness in the New Year.
In this issue
- Court Directed Amendments Under Section 105 A Case by Case Proposition
Weatherford Australia Pty Ltd v Screenex Pty Ltd  FCA 331
- Australian Divisional Patent Practice Reviewed – “Falling Within the Scope of the Claims of the Accepted Specification”
Memcor Australia Pty Ltd v GE BetzDearborn Canada Company  FCA 507 and  FCAFC 163
- Full Federal Court Hands Down a Bitter Pill for Sanofi
Apotex Pty Ltd v Sanofi-Aventis  FCAFC 134
- Court Decides Ownership of Copyright in Software
Intelmail Explorenet Pty Limited v Vardanian (No 2)  FCA 1018
- Proposed Claim Amendments Allowable but Nevertheless Refused by the Court
Apotex Pty Ltd v Les Laboratories Servier (No 2)  FCA 1019
- Chocolate Seahorse not Distinctive
Chocolaterie Guylian n.v. v Registrar of Trade Marks  FCA 891
- Cup of Coffee – Trade Mark Registration?
Cantarella Bros Pty Ltd v Societe des Produits Nestle S.A.  ATMO 62
- Bad Coffee and Bad Faith Don’t Require Dishonesty