IPHQ: design rights - a unique look for a competitive edge

When protecting a brand or product, inventors must consider a number of factors when investing in an IP protection strategy - what is it called, how does it work, what does it look like?

Protecting the design of a product is a crucial step in ensuring a product remains distinct from its competitors. A unique design can provide a commercial edge, and keep consumers invested in your brand. In Australia, design rights are available for many different types of 'products', offering a variety of ways for inventors to invest in a unique visual identity.

Design protection can act as a powerful line of defense for products, which can be enforced against any infringers once certified.

Griffith Hack Principal and designs expert Jenny Wyndham-Wheeler and Trainee Patent Attorney Radhika Moore provide an update on the different types of design rights in Australia, and the IP protection that is available to product owners.

The Privacy Act establishes Federal legislative framework overseeing the collection and processing of "personal information" relating to individuals in Australia. Spruson & Ferguson Senior Associate Nadine Martino and Principals Michael Deacon and Sylvie Tso answer the question: what is "personal information" under the Privacy Act?

The rise of generative AI has potential to impact the IP system in a major way. Griffith Hack Managing Director Aaron LePoidevin takes a look into the challenges, opportunities and potential of generative AI for the world of IP.

The complex?trade mark dispute regarding the use of MANUKA HONEY provides a comprehensive insight into the interplay of certification marks and indigenous considerations in New Zealand. Griffith Hack Special Counsel Shannon Fati discusses this case and its cultural considerations for law in New Zealand. Spruson & Ferguson’s Daniel J Wilson and Candice Noring have also provided an update on the proceedings, and an overview of this long running dispute. ?

In 1923, Eugene Markush filed a patent application for a pyrazolone dye that used a particular combination of words which revolutionised writing claims forever. Spruson & Ferguson Principal Charles Tansey and Patent Information Professional Frazer McLennan share the history of the Markush claim.

Australia

In the keenly awaited judgement in Commonwealth of Australia v Sanofi, the Full Court of the Federal Court of Australia has once again denied the Australian Government AU$325m in damages. Spruson & Ferguson Litigation Principal Katrina Crooks has unpacked the decision and history of the case , and Griffith Hack Principal Gavin Adkins and Lawyer Jacqueline Simpkin discuss the potential implications for pharmaceutical patentees and what lies ahead.

Canada

The Federal Court of Canada has issued its long-awaited decision in the “comparative advertising” case Energizer Brands, LLC v Gillette Company. Smart & Biggar Principal Graham A. Hood unpacks this decision.??

China

Principal 王思琪 and Special Counsel 刘小立 from Spruson & Ferguson's Beijing team share the case study of a successful example of post-filing data to address the support issue under China's patent practice.

New Zealand

It has been several months since New Zealand's Plant Variety Rights (PVR) Act 2022 came into effect. Spruson & Ferguson Principal Ean Blackwell unpacks what the Act means for New Zealand's PVR landscape , and how it relates to PVR guidelines in Australia and other countries.

A recent decision by Intellectual Property Office of New Zealand (IPONZ) has provided guidance for applicants and examiners on mosaicing (the combination of documents) in relation to inventive step. Pizzeys Patent and Trade Mark Attorneys Principal Bernadette Hawkins unpacks what this means for New Zealand's IP practitioners.

Episode two of the new series of our podcast From Idea to Intellectual Property is now live , featuring a fascinating discussion with Strategic Advisor Francis Gurry about inventions in history that stuck against all odds. Tune in to "That will never catch on: Famous last words about the inventions that changed the world" via Apple Podcasts, Spotify or Podbean.

IPH CEO Andrew Blattman recently appeared on an episode of Talking IP with Justin Simpson, BSc LLB , where he discusses IPH's journey and his love of IP, working with the best clients in the world. Listen now via Apple Podcasts or Spotify.

AJ Park??

AJ Park has been recognised in IP STARS (Managing IP) for patents once again, achieving a Tier 1 ranking for New Zealand in patent prosecution and patent disputes. The firm was also awarded Firm of the Year (New Zealand) at the Managing IP APAC Awards.

Anton Gibson , Anton Blijlevens and Penelope (Penny) Coles Catley have been recognised in this year’s WIPR Leaders directory.??

Griffith Hack?

Griffith Hack has achieved two Australian rankings in IP STARS (Managing IP) for patents: Tier 1 for patent prosecution and Tier 3 for patent disputes.??

Ten Griffith Hack practitioners have been recognised in the WIPR Leaders directory for 2023.

Smart & Biggar?

Smart & Biggar has been recognised by IP STARS (Managing IP) for patents as a Tier 1 firm for Canada in both patent contentious and patent prosecution matters.??

Thirty-six Smart & Biggar practitioners were recognised in the WIPR Leaders directory for 2023.??

Spruson & Ferguson?

Spruson & Ferguson Managing Director for Asia Kristian Robinson has been recognised in this year’s WIPR Leaders directory.??

Spruson & Ferguson has been recognised in six IP jurisdictions in this year’s IP STARS (Managing IP) patent rankings for firms, including Tier 1 rankings in Australia and Singapore. The firm was also recognised as Asia-Pacific IP Boutique of the Year, and Australian firm of the year for Patent Disputes (Patent & Trademark Attorney Firms).

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