Australian Intellectual Property Law

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Norton Rose Fulbright Australia. Parallel importation of trade marked goods into Australia The Act inserts a new section A into the Trade Marks Act Cth TMA , which clarifies that the parallel importation of legitimately marked goods does not constitute trade mark infringement where these goods have first been brought to market by the registered owner of that mark or another person with a commercial relationship with the registered owner. Grace periods for removal of registered trade marks for non-use The Act also amends section 93 of the TMA, which governs the removal of registered trade marks on the basis of non-use.

Other amendments to Schedule 2 of the Act The amendments contained in Schedule 2 of the Act do not constitute significant legal changes, however, they are intended to simplify and streamline Australia's current IP rights protection processes to reduce complexity and delays.

Australian Intellectual Property Journal (AIPJ)

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More from this Firm. More from this Author. News About this Firm. Isobel Taylor. Restraints on competition through the licensing of IP - the effect of the repeal of the IP exception. Any licensing agreement that may affect competition, even if the agreement has already been in place, should be reviewed. Australia Update: Swole OClock wins its trade mark battle against time. As demonstrated, any party that relies on the court's discretion for an extension of time should exercise caution.


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Secret use and trial and experiment. Article discusses how "use" of an invention, along with public disclosure, may prevent grant of a patent application. Trademarks Comparative Guide. Trademarks Comparative Guide for the jurisdiction of Australia, check out our comparative guides section to compare across multiple countries. Patents Comparative Guide.

Patents Comparative Guide for the jurisdiction of Australia, check out our comparative guides section to compare across multiple countries.

IP Changes in Australia

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Intellectual Property. Related Articles. Hop aboard the bullet train to Japanese patent numbering. Show More Filters. Event Type Font Size:. X Request a Callback Send Add a message optional. Request Sent! We will get back to you shortly. History Close. Share To Email: Message: Send. Message Sent! Volume 32 No 2 — May Car spare parts: hotting up still locked down. Volume 32 No 1 — April A balancing act: why an interlocutory injunction was refused in Sanofi-Aventis Deutschland v Alphapharm. Facebook: its utility as evidence of reputation makes it much more than just a social outlet.

IP owners, get ready for the competition law : repeal of IP exemption has companies racing to review contracts. Volume 31 No 10 — February Australian Federal Court finds computer-implemented business method patentable. The swinging pendulum of patentable subject matter in Australia. When will a user interface be patentable? Volume 31 No 9 — January Government takes some steps to implement intellectual property law reforms recommended by the Productivity Commission.

E-trading patent refused for lacking technical substance. Volume 31 No 8 — December Vexatious litigant restrained from falsely alleging IP infringement.

Australian IP Law open textbook

Parallel importation, unjustified threats and other recent amendments to the Trade Marks Act. We also have an open textbook about internet law and regulation: Governing the internet: a collaborative, open course and textbook.


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The textbook market is flawed - students are paying too much, and do not have choice in the books they buy. We are creating a set of open educational resources that are free for the world to use. Watch the introductory video to learn more about what we're doing. This is achieved through collaborating with leading academics in the field of Australian Intellectual Property Law, curating and creating a textbook which is accessible.

The open textbook is free to access and use and the content is provided in a variety of formats- written in plain english, detailed case notes, information tables, infographics and video explainers. This open textbook has been created through collaboration. There is a full list of collaborators at the bottom of this page -without the collaborators this open textbook would not have been possible.

This means that this book can be reused, remixed, retained, revised and redistributed including commercially as long as appropriate credit is given to the authors.

Time for a change to Australian Intellectual Property Laws?

If you remix, or modify the original version of this open textbook, you must redistribute all versions of this open textbook under the same license - CC BY-SA. Licence grant : The main condition of participating is that you must agree to license any of your contributions under a Creative Commons Attribution-ShareAlike licence. This enables any person to copy, modify, and distribute this book including commercially. What can I do? We have provided an outline structure.