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IP News to Peruse

Encouraging new APO decision on Computer-Implemented Inventions

9th September 2020

A recent APO decision, successfully handled by PIPERS Patent Attorneys, comes as welcome news for innovators of computer-implemented inventions (“CIIs”).

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Court of Appeal Confirms ‘Actual’ v ‘Notional’ Use Distinction

25th August 2020

In 2020 NZCA 306 Pharmazen Limited v Anagenix IP Limited the Court of Appeal confirmed that the likelihood of actual use is not relevant to discharging the onus of establishing lack of deception or confusion on a notional use basis.

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Manufacturer’s Intention Not Necessarily Relevant to Infringement of Swiss-Style Claims

27th July 2020

In Mylan Health Pty Ltd v Sun Pharma ANZ Pty Ltd the unanimous decision of the Full Court of the Federal Court (FCAFC) held that when assessing whether a Swiss-style patent claim has been infringed the intention of the accused infringer is not a necessary factor to take into consideration...

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Frucor Successful with Nifty Shades of Green Defence

26th June 2020

In 2020 NZIPOTM 5 Frucor Suntory New Zealand Limited v Energy Beverages LLC a discrepancy between the IPONZ register representation of Frucor’s colour mark and the accompanying description and the mark as used was held not to justify revoking the mark for non-use.

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Indemnity Replaces Up-Front Security for Customs Border Protection Notices

3rd June 2020

With effect from 1st June 2020 Customs no longer require up-front security from trade mark and copyright owners when requesting Customs to detain goods suspected of being pirated or counterfeit.

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