Leading independent intellectual property firm James & Wells has taken its first important step into Melbourne with the appointment of Nick Mountford as a partner in its growing Australian team. Read more

Trade mark rights are assigned – transferred – from one owner to another all the time. How many trade mark owners know, though, that if they assign an unregistered trade mark to another owner, then not only do they have to assign the goodwill in that trade mark, they also, as a matter of law, have to assign the underlying goodwill in their business, too? If they don’t, the assignment is likely to be invalid.Read more

James & Wells Partner, Gus Hazel, and other leading voices in the industry speak to Australasian Lawyer Magazine about what they see as the key issues at the forefront of IP legislation. Read more

Prestigious international publisher, World Trademark Review, has once again awarded local intellectual property firm James & Wells a gold ranking in its annual publication, WTR 1000. Four James & Wells’ individuals also received recommendations for their expertise. Read more

An exhaustion of rights doctrine is now part of Australian patent law. This article, the first in a two-part series considering Calidad Pty Ltd v Seiko Epson Corporation from a New Zealand perspective, looks at the current New Zealand position and likely legislative changes.Read more

James & Wells is pleased to welcome new partner, Adam Luxton to its growing Australian team. Based in Brisbane, Adam has been employed to spearhead the firm’s expansion in Australia, adding his extensive engineering and ICT expertise to the firm’s strong patent capabilities.Read more

As businesses adapt to growing online sales of food and beverage products. it is important to also re-evaluate their legal obligations and compliance within the online environment.Read more

The Federal Court of Australia’s ruling in this case demonstrates that the Raising the Bar amendments to the Patents Act provided valuable updating of procedural matters, especially concerning the ability to amend a patent which is the subject of an appeal to the Federal Court. Read more

This article highlights a troubling aspect of Beach J’s decision in CSIRO v BASF Plant Science GmbH, suggests how it might be used to invalidate a large number of patents granted under the pre-Raising the Bar legislation, and gives one example of where it has already gained traction.Read more

In the first of a series of articles on Australian and New Zealand law, we report on the current law on amendment allowability following Australia’s “Raising the Bar” reforms, and how that law has since been applied by the Australian Patent Office.Read more

If used and managed properly, social media platforms can significantly contribute to brand growth. If not used and managed properly though, they can impede growth. Here are a few recommendations on how to get it right. Read more

Gus Hazel always thought he would go into the sciences or the medical field. However, a holiday job at a hospital when he was a teenager reoriented his path. Outraged by the outcome of a case he heard about that was driven by a judge’s inability to understand science, he proceeded to study science and law on graduating from high school—a road that eventually led him to IP law.Read more