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

Intellectual property specialists James & Wells have announced the promotion of both David Macaskill and Andrew Clarke to partner. David is a patents and IP strategy specialist working from the firm’s Hamilton and Tauranga offices, and Andrew is a life sciences patent specialist based in the firm’s Brisbane office.Read more

This dispute, concerning an invention for controlling parasites in animals, is a reminder that patent applications can get caught up in years-long oppositions, and that proving lack of novelty was a high bar to clear before the Raising the Bar Amendments to the Australian Patent Act.Read more

The successful grant of patent rights in Australia requires the claimed invention to be novel and to comprise an inventive step over what is known from the prior art base. However, a recent decision handed down by the Australian Federal Court may have substantial implications for biotechnology and pharma patent applicants entering Australia.Read more

The use of social media influencers to promote products is on the rise. As digital advertising practices continue to evolve, the legal risks become more pertinent and must be proactively managed. Read more