Encouraging new APO decision on Computer-Implemented Inventions
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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IP News to Peruse
Court of Appeal Confirms ‘Actual’ v ‘Notional’ Use Distinction
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.
Read moreManufacturer’s Intention Not Necessarily Relevant to Infringement of Swiss-Style Claims
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...
Read moreFrucor Successful with Nifty Shades of Green Defence
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.
Read moreIndemnity Replaces Up-Front Security for Customs Border Protection Notices
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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