BURNS IP NEWS

 The latest updates from the world of trade marks, patents, and intellectual property law.

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Natasha Burns Natasha Burns

Rise in patent official fees in New Zealand

To avoid a 33%-50% increase in official fees for patent applications in New Zealand, one should endeavour to do the following before 13 February 2020:

1) File a new patent application with a complete specification.

2) Request for examination or re-examination.

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Natasha Burns Natasha Burns

Foreign trademark applicants must use US-qualified lawyers in the United States

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.

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Natasha Burns Natasha Burns

Legal update: Canada joins the international trademark system

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.

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Natasha Burns Natasha Burns

US giant Kraft loses to Australian food brand Bega

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)[2019] FCA 593 case.

The case centred around who owned the “peanut butter trade dress” between two rival food companies, Kraft and Bega…

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Natasha Burns Natasha Burns

Final days of the innovation patent system

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.

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Natasha Burns Natasha Burns

A Big Thank You!

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.

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Natasha Burns Natasha Burns

*Breaking News* - Major Brexit Update

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?

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Natasha Burns Natasha Burns

The end of innovation patents in Australia

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.

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Natasha Burns Natasha Burns

Official fees for IP Australia to change

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.

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Natasha Burns Natasha Burns

Know your options for international trademark protection

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?

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Natasha Burns Natasha Burns

Social media & your legal responsibility

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?

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