Pipers issues a bulletin on a monthly basis providing a summary of recent developments in intellectual property law and practice in Australasia and other key countries and regions such as USA, UK, Europe and Asia. Below are links to articles in the latest bulletin. Previous issues can be accessed via the left pane navigation.
Contents Summary of Latest Bulletin
Full Court Finds ‘In Prescribed Circumstances’ Only Allows Narrow Construction
In Fuchs Lubricants (Australasia) Pty Ltd v Quaker Chemical (Australasia) Pty Ltd 2021 FCAFC 65 the Full Court of the Federal Court (FCAFC) has allowed Fuchs’ appeal finding that Quaker’s standard and innovation patents were invalid on account of prior public disclosure.
2. Plant Variety Rights
Plant Variety Rights Bill Introduced to Parliament
Following on from the September 2018 Issues Paper, the July 2019 Options Paper and the August 2020 Outstanding Issues Paper, the Government has now introduced the Plant Variety Rights Bill 2021 to Parliament with the expectation of replacing the Plant Variety Rights Act 1987.
Launch Date of Eurasian Industrial Designs Announced
From 1st June 2021 it will be possible to apply for a Eurasian Design, with applications able to be made either directly with the Eurasian Patent Office or through one of the member states.
4. Trade Marks
Specialist Market Evidence Principle Not Applicable Under Section 25(1)(b) for Dissimilar Goods
In Guangzhou Baiyunshan Pharmaceutical Holdings Co Ltd v Multi Access Limited 2021 NZIPOTM 8 the Assistant Commissioner confirmed that where goods in a specialist market are found to be dissimilar there is no residual onus on the applicant to establish that deception or confusion is not likely under section 25(1)(b).