IPHQ: A crackdown on greenwashing

In the recent Federal Budget, the Australian Government shared promising commitments in its proposed Future Made in Australia Act. This initiative is set to benefit clients in several industry sectors, including the cleantech space. This commitment reflects the nation’s appetite for greater strides towards sustainability, a sentiment echoed internationally.

As global demand for green and sustainable products and services increases, many brands are eager to market their sustainability credentials. Though many brands are genuinely committed to sustainable practices, “greenwashing” is on the rise – businesses making deceptive claims about their environmental practices to portray themselves as more environmentally responsible than they actually are.???

Greenwashing involves the dissemination of false, misleading or exaggerated information about a business or its products...including the use of terms like “eco-friendly”, “clean”, “sustainable”, or “green”.

Spruson & Ferguson has launched Navigating the Waves of Greenwashing, a series unpacking the escalating issue of greenwashing through a TM lens. Recently, changes have been made that could have far reaching implications for businesses that rely on trade marks to showcase their environmental commitments.???

In part 1 of the series, Spruson & Ferguson Principal and Trade Marks Leader Roseanne Mannion and Senior Associate Fabiola Dos Santos break down what greenwashing looks like, and recent actions by the Australian Competition and Consumer Commission (ACCC) against businesses for producing misleading environmental claims.

In part 2, Charis L. and Sherri Zhang look at the regulatory requirements and penalties in China’s IP system when brands want to register ‘green’ trade marks.

The fashion industry is everchanging, and it has never been more crucial to start taking ownership of your work. Whether in jewelry, handbags or clothing, taking the steps to develop a strategy and file for protection can be invaluable. Griffith Hack Principal Jenny Wyndham-Wheeler and Patent Attorney Radhika Moore explain why being proactive in your intellectual property rights is both beneficial and quite simple.

In an interview article with Canadian Lawyer, Smart & Biggar Principal Daniel Anthony shared his thoughts on the role of AI in identifying and enforcing IP, and how it influences online infringement.??

In AJ Park ’s latest podcast for World IP Day, Principal Sarah Barclay , Senior Associate Eve Brown , and Solicitor Rumbie Mutanga consider the question, “How can innovation and IP be used to enhance sustainability in fashion?”, discussing some of the novel ways in which the fashion industry is working towards a more sustainable world.

Deepfakes, the sophisticated manipulation of images and videos, represent a growing threat to individual privacy, and to the security and reputation of businesses. ROBIC Lawyer and Privacy and Data Protection Officer, Tara D. , and Articling Student, Samantha Nicole Spector outline the risks deepfakes pose, and the safeguards that can be put in place to combat this trend.

In the latest edition of Griffith Hack's “Amplifying IP” series, Principal Robert Wulff shares his thoughts on the importance of initial interviews with a patent attorney and the desired outcomes. Learn more about the importance of “The Interview” to get the best results possible in “Amplifying IP - The Interview”.?

Worldwide, counterfeit products are estimated to cost brand owners trillions, with EUIPO reporting an annual loss of $12 billion pounds in the clothing industry alone. Spruson & Ferguson Principal and Trade Marks Leader Roseanne Mannion and Associate Lam Pham take a look at the global cost of counterfeiting and how brand owners can protect themselves from counterfeiters.

The manufacturing industry, with its high-tech innovations and sophisticated processes, offers a wealth of hidden IP gems, that, if properly protected, can enhance a business' success. AJ Park Principal Sarah Barclay and Senior Associate Aled Daniel Thorpe share their best tricks for identifying and protecting innovations in the manufacturing industry.

Australia

On Tuesday 14 May, the Australian Government announced its Federal Budget for 2024-2025. The budget saw promising commitments to innovation in the cleantech space with the Future Made in Australia initiative. Spruson & Ferguson Principal and resident cleantech expert Gareth Dixon shared his insights on what this means for Australia’s cleantech industry, and Griffith Hack Principal Karen Sinclair shared her thoughts on the key measures in the budget that could help drive innovation, research, commercialisation and business growth. Both experts were also interviewed about the budget on the IPH website.??

On 21 May IP Australia announced the 2024 Australian Intellectual Property Report, a snapshot of the state of patents, trade marks, designs, plant breeder's rights and copyright in Australia. Spruson & Ferguson Patent Attorney Yuchen Yao and Principal Mike Zammit, PhD have shared their insights on this year’s report.??

The recent Federal Court decision in Neurim Pharmaceuticals Ltd v Generic Partners Pty Ltd has provided further guidance on a common issue in pharmaceutical patent litigation, concerning infringement of method of treatments. Spruson & Ferguson Principal Andrew Rankine , Lawyer Fiona Deng and Head of Spruson & Ferguson Lawyers Katrina Crooks unpack this case and its implications for litigation in the pharma space.??

In March 2024, IP Australia moved to adopt the Madrid Goods and Services list, replacing its current list of goods and services for trade mark applications. Griffith Hack Principal Nicola Scheepers explains what this means for applicants.??

Canada

Smart & Biggar Principal Urszula Wojtyra and Associate Katie Lee recently contributed to The Legal Industry Reviews – Canada Edition, with a focus on the role of ‘product monograph’ in the test for inducing infringement of a pharmaceutical patent. The full article is available on the Legal Industry Reviews website.??

A “patent box” is a tax incentive that allows companies to pay a reduced tax rate on income derived from the commercialisation of certain IP developments. In a recent article for BIOTECanada’s Insights Magazine, Smart & Biggar Principals Sanro Zlobec and Nancy Pei unpack patent boxes in a Canadian context.??

Canada will soon be implementing a patent term adjustment (PTA) system, created to account for unreasonable delays by the Patent Office in issuing a patent. Smart & Biggar Principal David Schwartz provides a summary of the proposed regulations and practical guidance on how to navigate the new system.??

New Zealand

Recent changes to New Zealand’s Geographical Indications Register have opened the door to almost 2,000 European GIs being registered in New Zealand for wines, spirits, and various other beverages and foods. This is a significant development in the country’s relationship with Europe, which has been met with great excitement, but also some apprehension. AJ Park Principals Thomas Huthwaite and Keiran O’Connell, and Senior Associate Eve Brown share their insights into what this will mean for New Zealand’s food and beverage industry.?

New Zealand’s Green Party recently introduced the Consumer Guarantee (Right to Repair) Amendment Bill, which, if enacted, will create a broader ‘right to repair’ for consumers. AJ Park Senior Associate Adrian Evans discusses the changes this Bill could bring about for New Zealand manufacturers and consumers, and the potential impact on IP rights.??

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