The Metaverse refers to virtual worlds (e.g., World of Warcraft or Fortnite) that keep evolving when a user is not engaged with them, and they can be engaged with through standard smartphones or computers or via augmented reality (AR) and virtual reality (VR).[1] NFTs can be bought and sold on...
IP News
NFTs and Copyright
Non-fungible tokens (NFTs) and the blockchain technology (also known as Distributor Ledger Technology (DLTs)) on which they are recorded have attracted considerable attention over the last few years.[1] The ability to own a digital asset that has a one-of-a-kind value is made possible by DLTs.[2] DLTs make this possible by...
Computer-Implemented Inventions: Obstacles to Patentability
The difficulty in patenting computer-implemented inventions has been experienced by many would-be inventors. There are many hoops through which the invention must jump before it is deemed patentable. IP Australia has a non-exhaustive list of criteria for determining patentability of computer-implemented inventions, including questions such as is the computer-implemented method...
Patent Box Scheme Update
On 10 February 2022, the Treasury Laws Amendment (Tax Concession for Australian Medical Innovations) Bill 2022 was introduced to Parliament. More widely known as the Patent Box scheme, this bill is designed to encourage the commercialisation of Australian biotechnology and medical inventions. The 2022-23 Budget has now also made certain...
Aunty Helen Trade Mark Refusal
Summary Aunty Helen is the nickname of Helen Clark who served as New Zealand’s Prime Minister between 1999 and 2008. James Benson saw an opportunity to file this nickname as a New Zealand trade mark when he heard that Ms Clark did not wish to use “Aunty Helen” as a...
Insta Dispute
Instagoods Pty Ltd (“Instagoods”) learned the hard way that there is a danger in using part of an eminently known trade mark in a new trade mark application. Instagoods applied for the trade mark “Instadate”. While the Trade Marks Office (TMO) published acceptance of Instadate on 15 February 2019, registration...
Changes to Design Rights: Designs Act 2003
On 10 September 2021, Royal Asset was given to the Designs Amendment (Advisory Council on Intellectual Property Response) Bill 2021 (Cth). The Bill introduced changes to the existing Designs Act 2003 which impacts existing and new design rights. While many of the changes will not take effect until 10 March...
Non-Use Actions and How to Avoid Them
While it can be good strategy to cover your trade mark for a range of goods, coverage of too many goods can make you vulnerable to a non-use action. A recent NZ case Bayerische Motoren Werke AG (“BMW”) v Electracom Pty. Ltd. (“Electracom”) is a cautionary tale about why one...
Australian Innovation Patent System: Final Weeks
The 18-month phase out period of the innovation patent commenced in February 2020 which means that those interested in filing an innovation patent now have until 25 August 2021 to do so.
Brexit phase out: EU and UK Trade Marks
If you have filed an EU trade mark application that was still pending on 1 January 2021 (not registered by this date) you should be eligible to apply for a corresponding UK trade mark application.