Tag:Asia Pacific

1
Restrictions to Filing Divisional Applications Under New Zealand’s New Patent Law
2
Genuine Beauty Masks Mixed With Suspected Counterfeits in Hong Kong
3
‘Like-Gating’? Facebook Says Dislike
4
Introducing Our ‘Fashion Law’ Newsletter
5
Further Amendments to Australian Patent Law Coming Soon
6
Have the Bubblies Popped for Champagne Jayne?
7
Special Leave Sought to Appeal Gene Sequencing Decision to the High Court of Australia
8
Limping Trade Marks and Distinctiveness in Australia
9
Suspected Fake Shoes Swooped in Hong Kong
10
Watching Paid TV for Free?

Restrictions to Filing Divisional Applications Under New Zealand’s New Patent Law

The New Zealand Patents Regulations 2014 have effectively introduced a five year deadline for filing divisional applications.

The deadline arises as a result of restricting the period in which examination of a divisional application may be requested. In this regard, examination must be requested within five years of the date of filing of the parent application, or for a series of divisional applications, within five years of the date of filing of the first application in the series. Read More

Genuine Beauty Masks Mixed With Suspected Counterfeits in Hong Kong

A seemingly endless variety of facial masks can now be found in Hong Kong, some containing ingredients like bird’s nest or the slime of a snail. Do not be surprised to see beauty products depicting a picture of a cheerful snail followed by a trail of slime on the packaging.

It has become routine for many to put on a facial mask at night in Hong Kong. Sadly, some merchants have decided to take unlawful advantage of the popularity of facial masks, albeit not necessarily containing the above ingredients or depicting a smiling snail. Read More

‘Like-Gating’? Facebook Says Dislike

Facebook Changes to its ‘Platform Policy’ can Affect Your Page

Facebook has announced a change to its Policy Platform that may affect the majority of users.

The policy change advises that Facebook will no longer allow advertisers to incentivise people to use social plugins or to like a Facebook Page (Page). This includes offering rewards, or gating apps or app content based on whether or not a person has liked a Page. It is still acceptable to incentivise people to login to your app, check-in at a place, or enter a promotion on your app’s Page.  Read More

Introducing Our ‘Fashion Law’ Newsletter

“You can never be overdressed or overeducated.” Oscar Wilde

We are excited to announce the launch of Fashion Law, our bi-annual fashion newsletter. This newsletter, which comprises short articles, will discuss legal issues that impact the Australian fashion industry.

From top tips for Australian designers and fashion businesses to changes in laws overseas, Fashion Law will provide you with information on issues that directly affect your business.

Please click here to read the first edition of Fashion Law.

Further Amendments to Australian Patent Law Coming Soon

Earlier this year, the Intellectual Property Laws Amendment Bill 2014 (2014 Bill) was introduced into Parliament by the Coalition Government. The Bill represents a revised version of the Intellectual Property Laws Amendment Bill 2013 (2013 Bill) introduced by the previous Labor Government. The 2013 Bill lapsed when the Federal Election was called in August 2013.

 The most significant aspects of the 2014 Bill are as follows: 

  • Introduction of a single patent attorney regulatory regime and a single patent application and examination process for Australia and New Zealand.
  • Enabling Australian pharmaceutical manufacturers to apply to the Federal Court for a compulsory licence to manufacture generic versions of patented drugs to supply to developing countries. Read More

Have the Bubblies Popped for Champagne Jayne?

Rachel ‘Champagne Jayne’ Powell’s passion for Champagne has helped her to become an award-winning wine expert, broadcaster, journalist and presenter. However, Ms. Powell’s ‘Champagne Jayne’ brand has put her at loggerheads with the trade organisation established to manage the common interests of the growers and the Champagne Houses behind the drink she loves so much. Read More

Special Leave Sought to Appeal Gene Sequencing Decision to the High Court of Australia

We recently reported on the decision by a five judge bench of the Full Court of the Federal Court of Australia (Full Court) which found that Myriad Genetics Inc’s patent covering the isolated BRCA1 gene is valid. The Full Court unanimously rejected an appeal by Ms. Yvonne D’Arcy from a decision by Justice Nicholas at first instance. Read our alert here.

It is now being reported that Ms. D’Arcy has sought special leave to appeal the decision to the High Court of Australia (High Court).

Read More

Limping Trade Marks and Distinctiveness in Australia

Oyster Bay’s Wine Bottle Trade Mark Application Rejected

In 2012, New Zealand winery Oyster Bay filed a trade mark application as follows:

Read More

Suspected Fake Shoes Swooped in Hong Kong

Acting on a complaint that fake sports shoes were sold in Mong Kok, a popular shopping district for trendy teens and tourists, Hong Kong Customs went into action and raided retail shops and warehouses.

Customs Officers seized suspected fakes, including 1,905 pairs of sports shoes, to a tune of HKD1.67 million. The suspected head of the fake goods syndicate along with six other people were arrested.

The arrests included a 16 year old and Customs has appealed to young people to be on guard against dodgy dealings when working in summer jobs.  Read More

Watching Paid TV for Free?

The drama craze and football fever had increased the popularity of set-top boxes, sold at the cost of a few hundred Hong Kong dollars and easy to use. Users can simply connect the box to a TV to enjoy television dramas, sports and even real-time broadcasts from different countries.

Problems arise when set-top boxes are jail broken by sellers, permitting access to unauthorized content. Users and sellers should beware of the potential copyright issues arising from such use. Read More

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