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How inevitable must a result be to destroy novelty? Is inevitability relevant to obviousness? When is a patent licence “exclusive”?
  • Davies Collison Cave
  • Australia
  • March 10 2015

These questions were recently considered by the Full Federal Court (Besanko, Jagot and Nicholas JJ) in Bristol-Myers Squibb Company and Otsuka


IP Australia seeks public consultation on IP reforms
  • Davies Collison Cave
  • Australia
  • March 6 2015

On 20 February 2015, IP Australia released a Consultation Paper containing 22 proposals which are intended to: align and streamline their IP


Australian Patent Office clarifies requirements for recombinant DNA technology-based pharmaceutical patent term extensions
  • Davies Collison Cave
  • Australia
  • March 6 2015

Although the current provisions for extending the term of a pharmaceutical patent have been in force since 1999, the several hundred extensions


Additional legislative reforms simplify agvet chemical renewals and approvals
  • Davies Collison Cave
  • Australia
  • September 2 2014

Further reforms to Australian agricultural and veterinary (agvet) chemical legislation came into effect on 21 July 2014 as a result of the


ACCC crackdown on misleading claims for food products
  • Davies Collison Cave
  • Australia
  • December 5 2014

A recent spate of investigations conducted by the Australian Competition and Consumer Commission (“ACCC”) into credence claims on food products


Cantarella roasts Modena: High Court decision on distinctiveness of foreign word marks
  • Davies Collison Cave
  • Australia
  • December 4 2014

The High Court of Australia has confirmed that when considering whether foreign word marks are distinctive in Australia, it is necessary to consider


Full Federal Court: computer implementation of an otherwise unpatentable scheme does not make it patentable subject matter in Australia
  • Davies Collison Cave
  • Australia
  • November 11 2014

The Full Federal Court (FFC) handed down its long-awaited Research Affiliates appeal decision on 10 November. The FFC held that the claims of


An extended sigh of relief for Lundbeck - High Court holds that failure to make a timely application for pharmaceutical patent term extensions is not excluded from remedial provisions.
  • Davies Collison Cave
  • Australia
  • November 5 2014

The long running battle in relation to Lundbeck’s LEXAPRO has finally reached an end with the High Court’s majority (3:2) finding that remedial


Seafolly to pay double damages for false statements made about swimwear competitor
  • Davies Collison Cave
  • Australia
  • October 24 2014

Madden and Seafolly are competitors in the swimwear industry. Madden posted comments on her personal and business Facebook pages, and in emails to


Victorian Supreme Court finds royalties still payable after patents expire
  • Davies Collison Cave
  • Australia
  • March 10 2015

The Victorian Supreme Court has held that a party who purchased technology that was the subject of patent applications at the time of the transaction