IP Update – September 2012 Issue 17
Fundamental issues in patents, trade marks and copyright law are explored in our Case Studies this quarter.
Two cases concern expert evidence and patent claim construction, and another addresses when an inherent disclosure deprives an invention of novelty.
On trade marks, the nature of infringing use is explained, and the concept of use with consent is explored. A related concept in copyright – implied licence – is considered, and we look at who has responsibility for user-generated social media content.
Our Practice Updates describe the current Australian reviews of exceptions to copyright and of compulsory licensing of patents. We also explain how to prepare for the America Invents Act and the significance of the U.S. Prometheus decision.
In this Issue
- Brand owners responsible for user generated Facebook and Twitter content
- Parallel importer guilty of trade mark infringement after importing ‘Lonsdale’ branded products
Lonsdale Australia Limited v Paul’s Retail Pty Ltd  FCA 584
- Method of treatment claims to be construed with the “object or end view” in mind but Apotex still liable for contributory infringement
Apotex Pty Ltd v Sanofi-Aventis Australia Pty Ltd v (No. 2)  FCAFC 102
- Apotex appeal fails: no implied licence over Sanofi’s copyright in leflunomide product information
- Australian Federal Court hands down Markmanlike decision on patent construction
Britax Childcare Pty Ltd v Infa-Secure Pty Ltd  FCA 467
- Federal Court dismisses Sanitarium’s claim: Granola not used as a trade mark
Australian Health & Nutrition Association Limited (t/as Sanitarium Health Food Company) v Irrewarra Estate Pty Limited (t/as Irrewarra Sourdough)  FCA 592
- Innovation patents for treatment of mine tailings upheld on appeal
SNF (Australia) Pty Ltd v Ciba Specialty Chemicals Water Treatments Limited  FCAFC 95
- ALRC review on copyright and the digital economy commences
- Productivity Commission: Is the compulsory patent licensing system working?
- Australia releases draft Bill to allow compulsory licences of patented pharmaceutical products to alleviate health crises.
- Changes to US Patent System Imminent!
- Effect of Mayo v Prometheus on systems medicine patent eligibility