Small Differences from Prior Art Can Be Inventive
In Lonza NZ Limited v Koppers Performance Chemicals New Zealand 2020 NZIPOPAT 4 the Assistant Commissioner confirmed that close prior art is not sufficient for a finding of obviousness.
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IP News to Peruse
Wholesalers Ability to Qualify as Average Consumers Confirmed
In Foundation for the Protection of the Traditional Cheese of Cyprus Named Halloumi v Babel Sajt Kft 2020 EWHC 2858 a UK Judge held that the Hearings Officer was wrong to hold that members of the trade do not qualify as average consumers for the purposes of evaluating the likelihood of confusion.
Read moreDotcom decision continues to present an “object” of consternation
The Supreme Court of New Zealand has issued its decision in Ortmann, van der Kolk, Batato, Dotcom v USA and Anor [2020] NZSC 120. The case relates, among other things, to s 131 of the Copyright Act 1994, which sets out criminal offences in relation to copyright works.
Read moreMinimal Historical Evidence of Use Results in Shredded Specification
The recent Assistant Commissioner’s decision Nitro AG v Nitro Circus IP Holdings LP 2020 NZIPOTM 23 is the first non-use decision to take into account the Supreme Court’s recent decision in International Consolidated Business Pty Ltd v SC Johnson & Sons Ltd 2020 NZSC 110.
Read moreChina’s Revised Patent Law Passed
On 17th October 2020 the Standing Committee of China’s 13th National People’s Congress (NPC) approved the Draft Amendments to China’s patent law. The amendments will take effect from 1st June 2021.
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