IP Law Watch – Legal issues, law and regulations concerning the world of IP

US Design Patents and ITC Enforcement: Are Design Patents the Most Interesting Intellectual Property Asset in ITC Investigations?

Mar 07 2026

A recent final determination in Investigation No. 337-TA-1400 issued by the US International Trade Commission (ITC) may have some clients saying, “I don’t always seek ITC enforcement. But when I do, I prefer to include a design patent.” GoPro, Inc. had alleged that Arashi Vision, Inc. d/b/a Insta360 (Insta 360) infringed claims of five different utility patents and one design patent.

Never Get Waived: Federal Court Rules Blanket Moral Rights Waiver Clauses are Not Enforceable in Australia

Mar 04 2026

The Federal Court of Australia has delivered a landmark decision in McCallum v Projector Films¹, finding that general moral rights waivers for copyright works are not enforceable.

Questions to AI Models May Be Discoverable

Feb 25 2026

On 17 February 2026 in U.S. v. Heppner, 1:25-cr-503 (S.D.N.Y., Feb. 17, 2026), Judge Rakoff held that a defendant’s written exchanges with a public generative AI platform were not protected by the attorney-client privilege or the work product doctrine. The Government had seized approximately thirty-one documents memorializing the defendant’s interactions with the public platform. Defense counsel asserted privilege because the inputs included attorney-learned information, were created to facilitate consultations with counsel, and were later shared with counsel.

Oh My Word(le), New York Times Succeeds in Invalidating UK WORDLE Trade Mark Without a UK Trade Mark of Its Own

Feb 24 2026

A significant risk that brands fear is that others may file their trade mark first in a new market, as most trade mark systems operate under a ‘first to file’ approach. Brands can therefore be comforted by the UK Intellectual Property Office’s (UKIPO) invalidation of a third party’s trade mark despite there being no earlier registered mark in the UK.

Social Media Misuse—A Cautionary Tale

Jan 29 2026

We live in a digital world where social media has become the go-to space for companies to connect with consumers. While it may feel like social media is a free and open space for creative marketing, enforcement actions related to social media use—or misuse—are on the rise. Below are common issues and practical steps to help try and avoid being on the receiving end of enforcement efforts.

Reputation (High Court’s Version): Bed Bath ‘N’ Table v Global Retail Brands Australia

Jan 20 2026

The High Court of Australia has allowed Bed Bath ‘N’ Table Pty Ltd’s (BBNT) appeal from the decision of the Full Federal Court in its case against Global Retail Brands Australia Pty Ltd (GRBA).¹

The key takeaway for businesses is that a finding against trade mark infringement does not prevent liability under the Australian Consumer Law (ACL).

PTAB Reinforces Preference for PGR

Jan 14 2026

The Patent Trial and Appeal Board (PTAB) recently designated a post-grant review (PGR) decision as precedential. In the decision, the Director issued a discretionary denial decision confirming that the proper analysis was a “totality of the circumstances” type analysis, taking into account all facts and arguments presented by the parties.

Australia’s Trade Mark System Further Simplified: Recent Amendments to Regulations

Dec 10 2025

The Trade Marks Amendment (International Registrations, Hearings and Oppositions) Regulations 2025 passed on 18 November 2025 introduces several amendments designed to streamline the Australian trade mark system, reduce unnecessary complexity, and to ensure current standards align with the international Madrid Protocol system.

Adopting an “Orphan Works” Scheme: Proposals from the Copyright Amendment Bill 2025 (Cth)

Dec 02 2025

The Federal Government recently announced Australia’s first statutory orphan works scheme by way of the Copyright Amendment Bill 2025 (Cth) (Bill).

UKIPO Set to Increase Fees for the First Time in Years from April 2026

Nov 26 2025

On 5 November 2025, the UK Intellectual Property Office (UKIPO) announced that, subject to legislative approval, fees for patents, trade marks and designs will rise from 1 April 2026. This marks the first major adjustment in years: trade mark fees have not increased since 1998, design fees since 2016 and patent fees since 2018.