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The race for the COVID-19 vaccine and patents: Do we need a temporary lockdown?
Expert Insights 2020-07-09 6:08 pm By Editor

It is entirely possible that the first effective SARS-CoV-2 vaccine is developed in Australia, with an Australian firm securing patent rights to the vaccine. If that occurs, it is important to remember that a patent is not an impenetrable fortress. Patent laws already contain mechanisms to enable “special access” to patented pharmaceuticals and other technologies, including (perhaps especially) in times like this, say James Neil and Richard Hoad of Clayton Utz.

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LG loses challenge to Samsung QLED trade mark
Intellectual Property 2020-07-08 6:36 pm By Miklos Bolza

LG Electronics has lost its opposition to Samsung Electronic’s registration for its ‘Samsung QLED’ trade mark despite IP Australia acknowledging that Samsung’s phones did not contain QLED technology.

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Broadcaster skewered in battle of the ‘Iron Chef’ trade marks
Intellectual Property 2020-07-06 5:02 pm By Miklos Bolza

The television broadcaster behind the cult cooking show Iron Chef has lost its opposition to an ‘Iron Chef’ trade mark application by an Aussie food delivery app developer, despite IP Australia finding the show had garnered a “moderate reputation” among Australian viewers.

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Mylan loses Lipidil appeal, despite court finding proof of intention not needed for Swiss-style claims
Intellectual Property 2020-07-03 5:27 pm By Miklos Bolza

Mylan Health has lost its challenge to a ruling that invalidated three patents related to its blockbuster cholesterol drug Lipidil, despite the appeals court finding the primary judge had erred by ruling that proof of intention was required for Swiss-style claims.

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‘Disruptive and unsatisfactory’: Hytera slammed for late stage bid to adjourn copyright trial
Intellectual Property 2020-07-03 3:35 pm By Miklos Bolza

Motorola has slammed Chinese radio manufacturer Hytera’s “disruptive and unsatisfactory” request to adjourn a highly anticipated copyright trial over the alleged theft of source code which is due to begin in three weeks.

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Bayer defeats Norbrook opposition to animal antiseptic patent
Intellectual Property 2020-07-02 4:03 pm By Miklos Bolza

A delegate of IP Australia has tossed opposition by veterinary pharmaceutical company Norbrook Laboratories to a patent by rival animal health specialist Bayer New Zealand for a bovine antiseptic treatment.

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Janssen to expand patent case against Juno over generic HIV drug
Intellectual Property 2020-07-01 4:40 pm By Miklos Bolza

Drug manufacturer Janssen wants to expand its high stakes case against Juno Pharmaceuticals over its HIV drug Prezista, alleging Juno’s plans to launch a generic version of the drug threaten another one of its patents.

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Telstra must give Siemens identity details of potential copyright infringers
Intellectual Property 2020-06-30 8:39 pm By Alison Eveleigh

Telstra has been ordered to provide technology company Siemens Industry Software with all documents relating to the identity of account holders who may have infringed Siemensā€™ copyright.

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Hytera can’t claim Motorola purposefully delayed notification of source code theft
Intellectual Property 2020-06-30 5:00 pm By Cat Fredenburgh

A judge has rejected new evidence sought to be advanced by Hytera Communications in its IP battle with Motorola that Motorola deliberately delayed notifying Hytera of possible theft of its source code because it wanted to improve its market position.

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Sequenom’s ‘incorporeal’ prenatal genetic test unpatentable, Ariosa tells Full Court
Intellectual Property 2020-06-29 9:12 pm By Miklos Bolza

Ariosa Diagnostics is fighting to revoke a patent for noninvasive prenatal test owned by Sequenom, arguing it merely describes how to extract “incorporeal” genetic information that is naturally found within the DNA of an unborn foetus.

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