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ATO, PepsiCo fight over royalty withholding tax goes to High Court
Tax 2024-11-08 11:06 pm By Cat Fredenburgh

The ATO has won the nod from the High Court to appeal a finding that a royalty withholding tax did not apply to payments from Schweppes to PepsiCo under agreements to sell brands like Pepsi and Gatorade in Australia.

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Judge grounds Moccona’s infringement claims over Vittoria’s coffee jar design
Intellectual Property 2024-11-07 4:27 pm By Cindy Cameronne

Vittoria has defeated claims in an intellectual property battle that it infringed on rival Koninklijke Douwe Egbert’s trade mark for the design of its Moccona instant coffee jar.

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In fight to protect UBank brand, NAB wins challenge to UWallet trade mark
Financial Services 2024-11-06 1:53 pm By Cindy Cameronne

NAB has successfully opposed a US company’s bid to register a trade mark for ‘UWallet’, with IP Australia rejecting claims the bank was trying to establish a “de facto monopoly”.

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‘Contingency on contingency’: Judge won’t halt IP dispute over Abilify generic
Intellectual Property 2024-11-01 11:18 pm By Sam Matthews

The Commonwealth has lost its bid to pause a long-running dispute over a generic form of brand drug Abilify while the High Court hears a different generic drug battle.

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Isuzu takes fight over Directed Electronics’ case to Full Court
Appeals 2024-11-01 11:48 pm By Christine Caulfield

Isuzu is not giving up its bid to slam the brakes on a suit by car alarm company Directed Electronics over alleged trade secrets theft.

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Litigators of the week: Atanaskovic Hartnell, Marque win wars over words
Courts 2024-11-01 11:16 pm By Cindy Cameronne

A “time poor” judge’s extensive copying and pasting of submissions and an offensive tweet by senator Pauline Hanson were at the centre of the week’s biggest litigation wins.

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Full Court puts Bed Bath N’ Table’s misleading conduct claims to sleep
Intellectual Property 2024-10-31 11:24 pm By Cindy Cameronne

In a loss for Bed Bath N’ Table, the Full Court has overturned a finding that homewares retailer House engaged in misleading and deceptive conduct by setting up its ‘Bed & Bath’ stores.

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Cipla attacks patent extension for Novo Nordisk weight loss drug
Intellectual Property 2024-10-30 11:01 pm By Andy Sidler

Cipla is opposing the extension of Novo Nordisk’s patent for its Victoza weight loss and diabetes drug, arguing extensions can only be granted for active ingredients and not entire formulations.

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Government wants to stay 12-year-old dispute over Abilify generic
Intellectual Property 2024-10-30 11:12 pm By Cindy Cameronne

The Commonwealth has argued that a long-running dispute involving drug makers Otsuka, Bristol-Myers Squibb and Generic Health should be put on ice until the High Court rules in a separate matter.

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AstraZeneca sues to put the brakes on Brilinta generic
Intellectual Property 2024-10-29 11:33 pm By Andy Sidler

AstraZeneca has brought court proceedings to block Australian drug maker Pharmacor from making a generic version of its heart attack drug Brilinta. 

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