IP Update - December 2012 Issue 18
Thursday, December 6, 2012
It’s been a busy year for IP in the courts and parliament, and this edition of IP Update keeps you on top of it all.
Does a 25-year delay in bringing a passing off action bar a remedy? See our Case Study on Winnebago. We also explain when parallel importation constitutes trade mark infringement (Lonsdale), and why VIVO is deceptively similar to TIVO.
Obtaining interlocutory injunctions in pharmaceutical patent actions may just have gotten easier – see our Case Studies on the recent Merck and Novartis decisions. You can also read why “plain English” words in patent claims don’t need interpretation by experts (RMD Industries).
Finally, if you thought the ‘Raising the Bar’ reforms were all done, think again – then read our Practice Updates on the proposed changes to the Trade Marks and the Patents Regulations.
In this Issue
Insight
Case studies
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After waiting 25 years, Winnebago is allowed to enforce its trade mark rights in Australia
Winnebago Industries, Inc v Knott Investments Pty Ltd (No 2) [2012] FCA 785 -
Aural similarity sufficient to find “Vivo” deceptively similar to “Tivo”
Vivo International Corporation Pty Ltd v TiVo Inc. [2012] FCAFC 159 -
Federal Court finds no patent infringement by RMD Industries
Centor Australia Pty Ltd v RMD Industries Pty Ltd [2012] FCA 1135 -
Merck granted interlocutory relief to stop the alleged infringement of “Nasonex” patent
Merck Sharp & Dohme Corp v Apotex Pty Ltd [2012] FCA 928 -
Hospira ordered to withdraw PBS application pending determination of Novartis’ patent infringement claims
Novartis AG v Hospira Pty Limited [2012] FCA 1055
Novartis AG v Hospira Pty Limited (No 2) [2012] FCA 1113 -
High Court denies Optus leave to appeal TV Now copyright decision
Singtel Optus Pty Ltd v Australian Rugby Football League Limited [2012] HCATrans 214 -
Parallel importers fail again before Full Court of Federal Court
Paul’s Retail Pty Ltd v Lonsdale Australia Limited [2012] FCAFC 130
Practice Updates
- Raising the Bar regulations published for public consultation
- Summary of the key issues with the draft Trade Mark Regulations for the Raising the Bar Act
- Madrid Protocol and other important changes to New Zealand trade mark law from 10 December 2012
- Pharmaceutical trade marks containing INN stems receive automatic objection in Australia
