Government – IP Law Watch

Upcoming Patent and Design Fee Changes, Including Important Excess Claim Fee Modifications: Australia

Sep 04 2024

IP Australia has updated its practice for the calculation and processing of excess claim fees. Currently, excess claim fees are charged at acceptance, on the basis of the final claim set as accepted, regardless of the number of claims examined during examination. Therefore, the applicant can often have a large claim set examined but avoid excess claim fees by amending to reduce the claim set prior to acceptance.

Historic 27th WIPO Treaty: WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge

Jun 03 2024

WIPO member states have adopted a new Treaty related to intellectual property, genetic resources and associated traditional knowledge, marking the 27th WIPO treaty, and the first in over a decade.

UK Supreme Court Judgment Finds Directors may not be Liable for IP Infringement Without Knowledge of Essential Facts

May 30 2024

Earlier this month in Lifestyle Equities CV and another v Ahmed and another the Supreme Court of the United Kingdom held that the company directors of Hornby Street Limited, siblings Kashif and Bushra Ahmed, were not jointly liable with their company for trade mark infringement.

The UKIPO Updates its Policies to Tackle Ineffective Addresses for Service

Apr 17 2024

The UK Intellectual Property Office (UKIPO) has released an update this month in relation to the issue of trade mark applicants and owners providing a valid address for service. Particularly following Brexit there has been concerns about would-be trade mark owners filing applications with false or ineffective addresses for service and as a result the UKIPO is now taking a more proactive approach using their powers under Rule 11 of the Trade Mark Rules 2008.

The UK Fails to Agree to a Voluntary Code of Practice for Copyright and Gen AI

Feb 14 2024

An initiative to create a voluntary code of practice on copyright and Generative AI (“Gen AI”) has failed to reach an agreement. The UK Intellectual Property Office (UKIPO), who led the conversations that started mid-2023, has not been able to reach consensus within the working group in relation to the use of copyright protected works to train Gen AI models. The announcement is a disappointment to many including the creative industry, who were awaiting clarification on their position in protecting their works and retrieving compensation, and technology industry who were seeking clarity how future technologies can be developed.

Australian Government Commits to Protecting First Nations Visual Art

Nov 02 2022

“80% of the souvenirs sold in Australia purporting to represent First Nations cultures are in fact imitation products. These inauthentic items have no connection to First Nations peoples and are often cheaply made imports.”

This extraordinary statistic was presented by Ann Sudmalis MP, Chair of the Standing Committee on Indigenous Affairs which tabled the 2018 Report on the impact of inauthentic art and craft in the style of First Nations peoples (Report).

UAE to Join the Madrid Protocol

Oct 05 2021

In great news for companies that file trade marks internationally, the Government of the United Arab Emirates has agreed to join the Madrid Protocol from 28 December 2021.

A Welcome Proposal to Introduce a Grace Period Into the Australian Designs Act

Feb 15 2021

The Designs Amendment (Advisory Council on Intellectual Property Response) Bill 2020 (Bill), with important changes to designs law, is currently before Senate for consideration. It includes a much-anticipated change to implement a grace period that will allow designers to publish their designs before applying for design protection.

Iceland’s trade mark nothing but a puddle

Apr 24 2019

After a challenge by the Icelandic government, the global supermarket chain Iceland has had its European Union trade mark invalidated. This decision comes merely five years after finally obtaining registration after a lengthy (12 years) application process in which the mark was opposed by a number of Icelandic companies.

Act on financial support for audiovisual production published in the Journal of Laws

Jan 29 2019

An Act on financial support for audiovisual production was published in the Journal of Laws on 10 January 2019. The Polish Film Institute (PISF) will soon provide financial support for the production of audiovisual works created in Poland.

Tag:Government