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High Court to hear appeal in high-stakes stoush over generic Plavix ban
High Court 2023-12-20 3:45 pm By Cat Fredenburgh

The High Court has agreed to weigh in on a 16-year battle between the federal government and French drug maker Sanofi-Aventis over an allegedly unjustified court order that prevented the release of a generic version of blockbuster blood-thinner Plavix.

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Sydney Opera House settles trade mark spat over use of sail design
Intellectual Property 2023-12-14 9:03 pm By Cat Fredenburgh

The Sydney Opera House Trust has resolved a long-running dispute accusing a China trade group of committing flagrant copyright infringement by reproducing substantial portions of the iconic landmark’s trade mark-protected sail design in its logo.

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Nestle, a2 Milk reach settlement in trade mark feud
Intellectual Property 2023-12-11 3:12 pm By Christine Caulfield

Swiss food and drink giant Nestle has resolved a lawsuit by a2 Milk over a trade mark for infant formula, agreeing to withdraw an application with IP Australia to register the mark, NAN A2.

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KFC loses challenge to Grill’d’s HFC trade mark
Intellectual Property 2023-12-07 10:22 pm By Sam Matthews

KFC has failed to block Grill’d’s HFC trade mark, with a judge finding the marks are not deceptively similar and that Grill’d did not act in bad faith despite parodying the fast food giant in advertising for its ‘Healthy Fried Chicken’ products. 

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High Court says real estate agency not liable for developer’s source code theft
Intellectual Property 2023-12-06 4:10 pm By Cindy Cameronne

The High Court has found Victorian real estate agency Biggin & Scott did not authorise through “indifference” the theft of Campaigntrack’s source code by a software developer it hired to create a cloud-based real estate marketing platform.

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IP lawyer unfairly terminated for browsing personal websites
Employment 2023-11-24 5:14 pm By Cat Fredenburgh

The Fair Work Commission has awarded compensation to an intellectual property lawyer who was unfairly dismissed for browsing personal websites during a period in which he said he was too busy to attend to a client’s patent application.

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Sandoz tries again to invalidate Xarelto patents
Intellectual Property 2023-11-23 11:31 am By Cat Fredenburgh

Novartis unit Sandoz AG has filed an appeal after it was was barred from selling a generic version of top-selling blood clot drug Xarelto and failed to revoke two Bayer patents for the drug.

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‘Harry is not Barry’: McDonald’s loses trade mark case against Hungry Jack’s
Intellectual Property 2023-11-16 9:50 am By Cat Fredenburgh

A judge has rejected McDonald’s claim that Hungry Jack’s Big Jack burger infringed its Big Mac trade mark, but found that Hungry Jack’s misled consumers by boasting that its burger had 25 per cent more beef.

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Samsung Bioepis takes aim at patents for eye disease biosimilar
Intellectual Property 2023-11-09 11:23 pm By Cat Fredenburgh

South Korean biosimilars company Samsung Bioepis has sued to invalidate two patents held by a German competitor for a pre-filled syringe to treat age-related eye diseases, as generic drug makers race for a piece of the lucrative eye drug market.

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Shine Lawyers takes ELC provider to school in trade mark spat
Intellectual Property 2023-11-06 11:31 pm By Cat Fredenburgh

Plaintiff law firm Shine Lawyers has succeeded in narrowing the services an early learning services chain can register its ‘Shine Advantage’ trade mark for.

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