The recent Australia Patent Office decision of Zoetis Services LLC v Boehringer Ingelheim Vetmedica GmbH [2024] APO 4 dated 8th February 2024 has (on one aspect) highlighted the challenge for clinical researchers and innovators when reporting interim clinical trial results by way of press releases. The Australian Patent Office held that the press release reporting […]
Market-Size Damages
The High Court of Australia has granted special leave to appeal from the decision of the Full Federal Court of Australia in Commonwealth of Australia v Sanofi (formerly Sanofi-Aventis) 2023 FCAFC 97. The High Court of Australia indicated that questions concerning the legal rules for the assessment of damages flowing from an undertaking as to […]
Trade Mark Update
The recent Australian Federal Court decision of McD Asia Pacific LLC v Hungry Jack’s Pty Ltd [2023] FCA 1412 confirms on one aspect that, for the purposes of registered trade mark infringement in Australia, the reputation of each trade mark is not to be considered when determining whether the trade marks are deceptively similar. The […]
Trade Marks Update
Whilst there were many aspects to this litigation, in the recent Federal Court of Australia decision of Cantarella Bros Pty Ltd v Lavazza Australia Pty Ltd[1], it was held that Lavazza Australia Pty Ltd (Lavazza) was successful in establishing that Cantarella Bros Pty Ltd (Cantarella) was not the owner in Australia of “ORO” registered trade […]
Market-Size Damages & Australian Preliminary Injunctions
Summary Having regard to the recent decision of Commonwealth of Australia v Sanofi (formerly Sanofi-Aventis) 2023 FCAFC 97, pharmaceutical originator patentees seeking to prevent the entry of a generic drug into the Australian market through a preliminary injunction, need to be aware that the Australian Government has a right to seek “market-size damages” from the […]
Australia: Patent Box – Expansion to Agricultural and Low Emissions Innovations
In its Budget 2022-23, the Australian Government announced major expansions to the proposed ‘Patent Box’ scheme providing concessional tax treatment to eligible income for Australian corporate taxpayers. The Government will now expand the scheme to support innovations in the Australian agricultural sector, specifically: In addition, the Government will provide concessional tax treatment for corporate taxpayers […]