The United States Court of Appeals for the Federal Circuit has set a precedent for U.S. patents with its decision in Nuvo Pharmaceuticals v Dr. Reddy's Laboratories Inc., which offers guidance on the written description of patents.Read More
If you are selling food products in Australia, then you may need to comply with Australia’s Country of Origin Food Labelling Information Standard (“the Standard”).
What is the Standard?
Labelling requirements differ between different kinds of food products, considered “priority” and “non-priority”.Read More
To combat fraudulent submissions, the United States Patent and Trademark Office (USPTO) has passed a new rule: in all trademark matters before the USPTO, foreign-domiciled trademark applicants are required to use an attorney who is licensed to practise law in the United States (U.S.). This rule comes into effect on 3 August 2019.Read More
The addition of Canada to the International Trademark Registration system (commonly referred to as the Madrid System, named after the city where the initial treaties were adopted) is a significant expansion of the scope of the Madrid System for both existing and new International Trademark owners.Read More
In late November last year, QANTM IP issued a media release announcing that QANTM IP Limitedand Xenith IP Group Limited have entered into an agreement to merge. On the 21 March 2019, the ACCC (Australia’s competition watchdog) issued a statement that they would not oppose this merger stating…Read More
Brexit and Trade Mark Protection in the European Union - Extension Granted
Brexit was initially supposed to occur on 29 March 2019, which was then delayed to 12 April 2019. Still, no deal had been reached between the European Union (EU) and the United Kingdom (UK). To avoid the messy cliff-hanger if Brexit proceeded then, the EU granted the UK until 31 October 2019 to officialise a withdrawal agreement.Read More
On 1 May 2019, Federal Court of Australia Judge, O’Callaghan J, handed down his decision in the Kraft Foods Group Brands LLC v Bega Cheese Limited (No. 8) FCA 593 case.
The case centred around who owned the “peanut butter trade dress” between two rival food companies, Kraft and Bega…Read More
In 2001, the innovation patent system was introduced in Australia to provide a “second tier” of protection. Innovation patents are distinct from standard patents in that they have shorter terms (eight years rather than twenty) and are designed to protect inventions that do not satisfy the inventive threshold required for standard patents. Rather than protecting a brand-new invention, the innovation patent protects an incremental advance on an existing invention.Read More
In a surprising blip in the usually successful litigious history of McDonald’s, the European Union Intellectual Property Office (EUIPO) has revoked the multinational fast food giant’s “BIG MAC” trade mark in the European Union (EU).Read More
GOOGLE ADS & PROTECTING YOUR TRADEMARKS IN AUSTRALIA
TRADEMARKS AND TECHNOLOGY UPDATERead More
My sincere thank you to those who nominated Burns IP for “Boutique Diversity Firm of the Year” in the Women in Law Awards 2018.
I am so proud to announce we are a national finalist.
I am wholly committed to diversity practices and policies, particularly those that benefit professional women in the workplace and here’s why…
It’s good for your business…Read More
MAJOR BREXIT UPDATE FOR TRADEMARK OWNERS
Over two years ago, a majority of British voters supported the United Kingdom (UK) leaving the European Union (EU). That day of Brexit, Friday 29 March 2019, is now almost upon us.
How will BREXIT impact your European Community trade marks?Read More
I am thrilled to introduce a brand new member of our team, Scott Gan.
Scott is a meticulous lawyer with a difference.
Scott attained Law (with Honours) from Monash University while holding a full scholarship. In addition to his law qualification, Scott brings an extra edge to our intellectual property offering with his top-end achievement in science. Scott also graduated with a degree in Biomedical Science.
We don’t mind boasting that Scott earned two degrees one year ahead of his peers, exhibiting his fierce determination to achieve outstanding results – an attitude he brings to all his clients and work here at Burns IP.Read More
These IP tools are available to you - not just IP lawyers…
IP Australia has some world-leading search and monitoring tools that let you quickly access your Australian trade mark and patent portfolio, monitor the status of your IP and conduct clearance searches.Read More
Changes to the GDPR are effective from the 25th May 2018.
Many Australian businesses will need to comply.
The European Union General Data Protection Regulation (the GDPR) contains new data protection requirements that will apply from 25 May 2018.
Australian businesses with an establishment in the EU, or that offer goods and services in the EU, or that monitor the behaviour of individuals in the EU may need to comply.
Do you want to know what your competitors are up to?
You can keep track of their activity with a Trademark Watch.
Australia’s innovation patent system may be phased-out as early as July 2018.
Before the innovation patent system is abolished, potential patent owners should use this system to its fullest. We recommend that all innovation patent applications are filed as soon as possible to take advantage of protecting your IP under this low cost, low threshold registration system.Read More
IP Australia has advised that it will implement fee changes that will affect trademark, patent, and design registrations in Australia. These fee changes will take effect at 12 a.m. (AEDT), on 10 October 2016.Read More
For Australian businesses, China is identified as the number one export target market, followed closely by the United States, the United Kingdom, New Zealand and Japan.
Have you taken steps to protect your trademarks in your future export markets?Read More
The Internet is inherently trans-border in nature and is unconstrained by the boundaries usually associated with other broadcast media such as radio and TV. While some companies lament the loss of control of their message and branding through social media, for many it is recognised as a powerful tool in forming a company’s reputation.
This shift has created many new legal challenges in defamation, privacy, intellectual property and consumer laws. What do you need to know to protect your business and social media sites?Read More