There are both rewards and risks associated with Intellectual property. What the rewards are is obvious, the risks less so. This article identifies areas where risks can arise and the steps organisations can take to mitigate these. Read more

We are thrilled to announce the promotion of Andrew Scott to Partner and James Rowland to Associate.Read more

There is often a desire in patent cases for parties to simplify the case so that it can progress as quickly as possible. There are a range of options available to litigants but most commonly they will apply to strike out parts of the case pleaded against them. However, this recent case serves as a salutary warning that the task is not easy and, in doing so, they will likely face an uphill battle. Read more

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 from one owner to another all the time. However the assignment of an unregistered trade mark to another owner is likely to be invalid unless both the underlying goodwill in the business and the goodwill in the trade mark are assigned. Recent litigation between Kraft Foods Group Brands LLC and Bega Cheese Limited got at the heart of this issue.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