IPHQ: Risk and reward - maximising publicity on Paris 2024

With record breaking high attendance and virtual viewing capabilities, the Paris 2024 Olympics was the most streamed Olympics of all time. Businesses have long been keen to embark on opportunistic promotional activities for their brands. Although millions of potential consumers are watching worldwide, brands that aren’t Official Sponsors or Partners of the Games can, and have, faced infringement proceedings for advertising that associates with the Olympics and other ambush marketing tactics.

The Spruson & Ferguson team worked with AsiaIP to ensure brand owners were familiarised with the do’s and don'ts of marketing during the Olympics to avoid infringing on official intellectual property rights. There are more considerations and restrictions than brands might realise.

Brands can protect themselves from potential legal challenges when their marketing campaigns aim to capture the spirit of events like Paris 2024 and Euro 2024 without crossing the line into infringement.

Spruson & Ferguson Principal and Director (Malaysia) Amy Chan and Senior Associate Nicollette Liu discuss how to navigate the fine line between what constitutes intellectual property infringement and how brands can ensure they are not violating these protections in their article Capitalising on Paris 2024.

Innovation in technology is continuously evolving in all industries and consequently we are seeing higher performance results in athletes than ever before. However, this generates questions and complex issues surrounding the rules and regulations on technological enhancements in sports. AJ Park Principal Sarah Barclay and Associate Paul Lee look at the role innovation plays in the modern world of Olympic sports in their article Innovation in sport: Friend or foe?

The duping industry is growing and today quality fakes have never been better and more accessible. AJ Park Principal Natalie Harre discusses luxury replicas in a three-part series with Radio New Zealand (RNZ). Part 1 of the series discusses the rise of super fakes - luxury designer replicas are being sold in plain sight, part 2 shares insights into telling the difference between real luxury goods and super fakes and part 3 asks black market shopping - is it safe to buy and sell a super fake?

With the exponential evolution of AI technologies and learning systems, patent offices in major global jurisdictions have been reluctant to recognise and protect these new technologies. Recent developments in the UK, US and Europe, offer a complex range of advice regarding eligibility, suggesting the need for clarification on patent rights for these technologies. Considering the current global large-scale advancements, Australia and New Zealand offices are likely to follow this trend. Spruson & Ferguson Principal Peter Treloar discusses the different approaches currently being taken, and how applicants need to be vigilant about the nuances when developing patent claims in his article Storm clouds around AI patentability.

Urgency in the face of legal disputes is critical to minimising damage and obtaining relief. In the digital age, securing interlocutory orders for misuse of confidential information has become increasingly critical. Griffith Hack Associate Tara Koh and Principal Leanne Oitmaa discuss recent court decisions concerning alleged misuse of confidential information highlighting the difficulties commonly encountered when seeking relief.

Australia

Griffith Hack Principal Gavin Adkins and Associate Tim Fyfe have authored a Practice Note for Thomson Reuters’ Practical Law. The Note addresses patent issues for life science inventions, including patent subject matter eligibility, patent disclosure requirements, patent term extension, and patent litigation, and relevant regulatory provisions concerning certain life sciences inventions in Australia. For more information, read the full document.

The landmark World Intellectual Property Organization (WIPO) Intellectual Property, Genetic Resources and Associated Traditional Knowledge treaty marks the first time that Indigenous people’s traditional knowledge has been recognised in IP systems. IP Australia has created the Indigenous Knowledge (IK) Panel pilot to advise on policy and legislation around IK. “The current approach to Indigenous Knowledge in trade marks is problematic as it relies on provisions that were not designed to be used for Indigenous Knowledge,” says this article from Spruson & Ferguson Principal Daniel J Wilson and Trade Mark Practitioner Riya Mathew as they explore the current practice and gaps, potential for change, and the difficulties and opportunities recognised in the International IP Systems in their article.

Canada

Smart & Biggar Associate Alex Johnson Dingee and Principal Jamie-Lynn Kraft discuss new greenwashing laws in their article Cleaning up the Act: Canada’s new greenwashing laws, which outlines the key amendments to the Federal Competition Act, explicitly targeting greenwashing and how they will adapt these new provisions moving forward.

Smart & Biggar Principal Christian Bolduc spoke with the World Trademark Review (WTR) on Bill 96, outlining the current regulations and how they affect businesses based in Québec. Find out more on Smart & Biggar’s website or read the full article available to subscribers of WTR. For more information on the contents of the regulation, see Smart & Biggar’s latest update.

New Zealand

A recent notable court decision in New Zealand saw Stylez Ltd successfully invalidate Nadine Lomu’s trade mark registration of her husband’s name, deceased Rugby Union player Jonah Lomu. Unpacking the decision, AJ Park Senior Associate Blake Carey discusses the invalidity process of a registered trade mark in New Zealand.

The Intellectual Property Office of New Zealand (IPONZ) has released new timeframes for examining trade mark applications. AJ Park Principal Amanda Griffiths shares the timeframes examining national applications and international registrations, which is said to make national trade mark applications more appealing.

Tune in to episode one season three of IPH's From Idea to Intellectual Property Podcast. Featuring host ?? Lisa Leong and former Director-General of WIPO, Francis Gurry , this episode discusses the value, history and conspiracies surrounding Trade Secrets.