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John Collins, Sumer Dayal, Anais Menounos (Clayton Utz)
IP rights vs IP wrongs: the Productivity Commission releases its Final Report on IP Arrangements
February 14, 2017

Australia ended 2016 flipping through the pages of the Productivity Commission's final Inquiry Report on Australia's Intellectual Property Arrangements. In general, the Commission considers that IP…

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John Collins, Sumer Dayal, Nicole Flax (Clayton Utz)
IP Australia kick starts the draft IP legislation 2017
December 22, 2016

IP Australia has recently published its Exposure Drafts for the Intellectual Property Laws Amendment Bill 2017 and the Intellectual Property Laws Amendment Regulations 2017 for public comment. The…

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John Collins, Sumer Dayal (Clayton Utz)
Inventor evolution: is a change in the content from a provisional to a PCT application sufficient to demonstrate co-inventorship?
October 14, 2016

This question was tackled by the Full Federal Court of Australia in Kafataris v Davis [2016] FCAFC 134. The patent in suit related to an alternative manner of playing card games. The player could…

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John Collins, Sumer Dayal (Clayton Utz)
"Independent promises" - Australia's Full Federal Court provides further guidance on exclusive licences
September 16, 2016

On 9 September 2016, the Full Federal Court of Australia delivered its judgment in Actavis Pty Ltd v Orion Corporation [2016] FCAFC 121 (Actavis).  The proceedings concerned the infringement/…

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John Collins, Sumer Dayal (Clayton Utz)
Computerised invention for poker machines passes Federal Court test
August 18, 2016

On 22 July 2016, IP Australia approved a patent specification involving computer programming in poker machines in Aristocrat Technologies Australia Pty Limited [2016] APO 49. IP Australia's decision…

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John Collins, Sumer Dayal (Clayton Utz)
Australia's Full Federal Court takes a narrow view of omnibus claims
July 21, 2016

On 24 June 2016, the Full Federal Court of Australia upheld an appeal from a first instance decision which gave a broad construction to an omnibus claim in the case of GlaxoSmithKline Australia Pty…

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John Collins, Sumer Dayal (Clayton Utz)
Not so productive? Australia’s Productivity Commission picks out the flaws in the nation's patent system
June 09, 2016

On 29 April 2016, the Australian Productivity Commission published a Draft Report on its enquiry into Australia’s Intellectual Property Arrangements. Although the Draft Report provides separate…

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Daniel Byrne (Bristows)
Fordham Conference 2015 - Views From The Judiciary
April 09, 2015

A panel of international judges gave their interesting perspectives on the tribunals on which they serve and the cases which they hear. Annabelle Bennett (Federal Court of Australia) discussing case…

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