Delays and debacles: Securing urgent interlocutory orders for misuse of confidential information in recent court decisions
Tara Koh, Associate and Leanne Oitmaa, Principal discuss the misuse of confidential information and the difficulties that are likely to be encountered when seeking urgent relief.
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Griffith Hack team recognised in Who’s Who Legal’s IP 2024 report
Griffith Hack’s Derek Baigent, Simon Gapes, Nicola Scheepers, and Amanda Stark have been recognised in the Who’s Who Legal’s (WWL’s) IP 2024 report.
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Griffith Hack authors IP Protection for Pharmaceuticals (Australia) for Thomson Reuters’ Practical Law
Griffith Hack’s Gavin Adkins and Dr Tim Fyfe have authored a Practice Note for Thomson Reuters’ Practical Law.
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Twenty one Griffith Hack principals recognised as WIPR Leaders for 2024
Twenty one Griffith Hack principals have been individually recognised in this years’ World Intellectual Property Review Leaders Guide.
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Griffith Hack celebrates excellence with four promotions
Griffith Hack is proud to announce the promotion of four team members effective 1 July 2024.
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Griffith Hack team recognised in IAM Patent 1000 for 2024
Seven Griffith Hack principals have been recognised in the 2024 edition of the IAM Patent 1000 for their expertise in the area of patent law.
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Reasons to file patents in Australia
What makes Australia such an advantageous location for filing patents?
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Griffith Hack recognised in Best Law Firms 2025 edition
Griffith Hack is proud to announce that we have been recognised in the inaugural Best Law Firms – Australia 2025 edition for Intellectual Property Law, ranked by Best Lawyers.
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Federal Budget 2024: Key insights and takeaways
We discuss the key measures in Australia’s 2024-25 federal budget that could help drive innovation, research, commercialisation and business growth.
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Griffith Hack attending INTA 2024 in Atlanta
Griffith Hack will be attending INTA 2024 in Atlanta from 18-22 May.
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Griffith Hack team members named 2024 Rising Stars by Australasian Lawyer
Griffith Hack is proud to announce that Sara Pearson and Rachael Lopez have been named as Rising Stars for 2024 by Australasian Lawyer.
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Kellie Stonier and Derek Baigent recognised in Best Lawyers 2025 guide
Griffith Hack is proud to announce that members of our Law team have been named in the Best Lawyers Australia guide for 2025.
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Converging tastes: when alcoholic and non-alcoholic beverage similarities merge
In this article, Simon Gapes discusses a recent IP Australia Hearing Office decision confirming the similarity of alcoholic beverages and non-alcoholic beverages for trade mark comparison purposes.
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Griffith Hack Law and Trade Marks team continue to shine in WTR 1000 for 2024
Our firm continues its top Gold ranking for trade mark prosecution and strategy and Bronze for enforcement and litigation in the WTR 1000 for 2024.
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Grill’d vs KFC: Healthy fried chicken trade mark success
Leanne Oitmaa from our Law & Trade Marks team reviews the decision in KFC THC V Ltd v Grill’d IP Pty Ltd [2023] ATMO 192.
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Duncan v Australian Broadcasting Corporation: A case of multiple discoveries in the harbour
Leanne Oitmaa and Sara Pearson review the decision in Duncan v Australian Broadcasting Corporation [2023] FedCFamC2G 993, which provides an example of two people independently coming up with a similar idea and how copyright from that idea can play out.
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Cantarella Bros v Lavazza Australia: Trade mark battle brews in Federal Court
Our Law & Trade Mark team review the recent Federal Court decision in Cantarella Bros v Lavazza Australia.
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Geographical indications of origin: Commercial consequences of location
Emma Mitchell and Sara Pearson explain what GIs are, how they’re treated in Australia, and the broader commercial and political implications.
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Kellie Stonier named to Australasian Lawyer’s Elite Women 2023 list
Kellie Stonier, practice group leader of Griffith Hack’s Law & Trade Marks team, has been named to Australasian Lawyer’s Elite Women list for 2023.
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Firstmac v Zip Co (No 2): A timely caution in the drafting of Calderbank offers in IP proceedings
We review the recent decision in Firstmac v Zip Co (No 2), which offers timely guidance to solicitors preparing Calderbank offers in proceedings before the Federal Court of Australia.
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Griffith Hack to attend the APAA 20th General Assembly in Singapore
Greg Munt, Gavin Adkins, Jessica Lee, Dr Simone Shu-Yen Lee and Dr Jenny Park will represent Griffith Hack at the 20th General Assembly of the Asian Patent Attorneys Association in Singapore.
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Navigating trade marks in a virtual world: IP Australia issues new guidance
IP Australia’s new guidance on classifying trade marks for a range of emerging technologies provides an important call-to-action for brand & product owners. Shannon Fati breaks down the changes.
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Griffith Hack team members named 2023 Rising Stars by Managing IP
Griffith Hack’s Jack Collings, Sarah Cox and Dr Simone Shu-Yen Lee have been named as Rising Stars for 2023 by Managing IP.
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Seeking invalidity of a patent through revocation: can it be done following opposition & appeal?
In a recent dispute, the Federal Court looked at whether a party can seek invalidity of a patent through revocation if it has already done so on opposition and appeal.
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Collaboration, connectivity & magic: Insights from the 2023 IPO Annual Meeting
Aaron LePoidevin and Georgina Higinbotham provide their insights and key takeaways from the 2023 IPO Annual Meeting in Boston.
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Applicants beware: Amendments to trade mark specifications during litigation are not guaranteed
A recent trade mark dispute between Energy Beverages LLC and Kangaroo Mother Australia Pty Ltd provides useful guidance to applicants seeking to amend a trade mark application during the course of litigation.
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Generative AI and its impact on the IP system
Griffith Hack managing director Aaron LePoidevin takes a look into the challenges, opportunities and potential overall impact of generative AI technology on the IP system.
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Australian Government again denied $325m damages claim in clopidogrel injunction dispute
The Full Court of the Federal Court of Australia has dismissed the Commonwealth’s appeal against a 2020 decision to deny it $325m in damages in a dispute relating to the antiplatelet drug clopidogrel.
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Griffith Hack attending INTA 2023 in Singapore
Griffith Hack will be attending INTA 2023 in Singapore from 16-20 May.
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Derek Baigent and Kellie Stonier recognised in Best Lawyers 2024 guide
Griffith Hack is proud to announce that three members of our Law team have been named in the Best Lawyers Australia guide for 2023.
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Rachael Lopez named finalist in Lawyers Weekly 30 Under 30
Griffith Hack’s Rachael Lopez has been named a finalist in the 2023 Lawyers Weekly 30 Under 30 awards.
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New Zealand honey producers back down in Mānuka trade mark dispute
Shannon Fati looks at the long-running battle between New Zealand and Australian honey producers over the use of the term Mānuka.
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Griffith Hack Law and Trade Marks team shine again in WTR 1000 for 2023
Griffith Hack has been ranked in the Silver category for Trade Mark Prosecution and in Bronze for Enforcement and Litigation in the WTR 1000 rankings.
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Overseas Trade Mark Update – December 2022
Nicola Scheepers and Jacqueline Simpkin address new developments for attorneys registering trade marks in the United States and the United Kingdom.
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Griffith Hack, Derek Baigent recognised in Chambers Asia-Pacific Guide 2023
Griffith Hack has been recognised in the Chambers Asia-Pacific Guide 2023, receiving both firm and individual rankings for Intellectual Property.
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Full Court correct in deciding that only humans can invent
High Court confirms that an artificial intelligence system can not be named as an inventor of a patent.
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Griffith Hack’s Edith Hamilton joins speaker line-up at IPBC Australasia 2022
Griffith Hack will have a strong presence at IPBC Australasia 2022 with special counsel Edith Hamilton joining the event’s line-up of speakers.
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New unfair contract term laws in Australia introduce large financial penalties
Significant changes to the unfair contract term provisions in the Australian Consumer Law, including potential financial penalties, will soon apply.
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The show must not go on: copyright infringement halts unauthorised production of Hamilton
The halting of an unauthorised production of the hit musical Hamilton by a Texas-based church has highlighted the risks involved in copyright infringement – as well the infringement of moral rights.
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Don’t lose your IP rights through company deregistration
Gavin Adkins and Emma Mitchell explain why it is so important to transfer the ownership of a company’s IP rights before deregistration.
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Major changes to unfair contract term laws in Australia are still in play
Draft legislation to strengthen the existing unfair contract term protections in the Australian Consumer Law was recently released.
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Soft decision on computer-implemented inventions
Dr Simone Shu-Yen Lee and Tom Hamilton-Gilligan provide early insights into the High Court’s decision of Aristocrat Technologies Australia Pty Limited v Commissioner of Patents [2020] FCA 778 (5 June 2020).
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Griffith Hack lawyers named in Best Lawyers Australia 2023 guide
Griffith Hack is proud to announce that three members of our Law team have been named in the Best Lawyers Australia guide for 2023.
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Griffith Hack attending INTA 2022 in Washington D.C.
Griffith Hack will be attending INTA 2022 in Washington D.C from 30 April – 4 May.
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Reversal of fortune – Full Court decides that an artificial intelligence is not an “inventor”
Anthony Selleck reviews the decision in Commissioner of Patents v Thaler [2022] FCAFC 62 which reverses an earlier ruling that artificial intelligence can be an “inventor” for the purposes of the Australian Patents Act 1990.
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Changes to how influencers can promote therapeutic goods in Australia
The Therapeutic Goods Administration has set out new guidelines that govern how influencers can promote products on social media in return for payment or free products or services from brands.
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Federal Budget 2022: What’s in it to accelerate Australia’s innovation agenda?
We discuss the key measures in Australia’s 2022-23 federal budget that could help drive innovation, research commercialisation and business growth.
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The mother of all trade mark fights: Energy Beverages knocked out of the coffee arena
A series of trade marks disputes over coffee products provides important learnings for businesses looking to register trade marks for consumer goods and services.
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.au domain name extension launches: what you need to know
From 24 March 2022 it will be possible to register domain names with .au as the extension.
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Griffith Hack recognised in WTR 1000 rankings for 2022
Griffith Hack has been ranked in the Silver category for Trade Mark Prosecution and in Bronze for Enforcement and Litigation in the WTR 1000 rankings.
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Saving grace: Options if you disclose your invention without a patent application
Publicly disclosing new technology before a patent application has been filed can jeopardise patent coverage – but there are options available to you in the event of disclosure.
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Virus filtration patent gets clean bill of health
In a recent decision of the Australian Patent Office, a patent application directed to a membrane for filtering biological products was upheld following opposition.
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Awkward first dates:
How is patent term extension calculated when a patent covers more than one pharmaceutical substance with regulatory approval?
Bayer Pharma Aktiengesellschaft [2022] APO
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Your Australian patent application has been opposed – what next?
Australia’s pre‑grant opposition proceedings are playing a more significant role in the strategies of patentees and challengers. So what should a patent owner do when faced with an opposition in Australia?
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Innovation patents: options for challenging problematic cases
What are your options if you identify an innovation patent that affects your freedom to operate?
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Patent drafting conventions fall foul of Australian Courts
In a recent opposition appeal decision of the Federal Court of Australia, an Australian patent application by Nalco Company was found invalid for lack of support and lack of clear enough and complete enough disclosure.
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Expert evidence keeps RAFT buoyant in strawman patent opposition
Commonwealth Scientific and Industrial Research Organisation (CSIRO) v Cytec Industries Inc. [2021] APO 27
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A comeback for Australian patent oppositions
With Australia’s innovation patent system set to end later this month, pre-grant opposition proceedings will likely play a significant role in the strategies of challengers.
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Guidance on patenting diagnostics in Australia: Ariosa Diagnostics v Sequenom
Federal Court confirms that a non-invasive diagnostic test for prenatal conditions is patentable subject matter in Australia.
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The fine line between IP licence agreements and franchise agreements
Freedom Foods Pty Ltd v Blue Diamond Growers offers important lessons and guidance for all drafters of IP licence agreements.
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UPDATE: Confidentiality notices at the end of emails are not (completely) pointless
Nearly three years ago, we reported on a decision of the Australian Designs Office that suggested that the automatically generated ‘Confidentiality Notice’ in the footer to your email may not always be effective.
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The rise of trade secret protections internationally and what it might mean for Australia
There have been several significant developments internationally in trade secret protections in recent years that have arguably increased the risks of misappropriation of trade secrets.
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Wine export label directory a win for Australian wine brand owners
A new wine export label directory to help Australian wine producers protect their intellectual property rights is expected to commence in April 2021.
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Certification Trade Marks: the buzz and battle over ‘Mānuka’ honey
Given the increasing popularity, demand and associated price tag of Mānuka honey, it is unsurprising that New Zealand’s Mānuka honey industry is fiercely protective of the commodity.
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Special tweetment: Who owns the IP for social media content?
Social media content creators rarely consider the rights they maintain over uploaded content – we take a look at what they need to know.
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Sanofi avoid $325M damages claim by Australia’s Commonwealth Government
In a significant decision for the pharmaceutical industry, Justice Nicholas dismissed the Commonwealth of Australia’s compensation claim from Sanofi.
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Kellie Stonier named among leading IP Lawyers in Queensland
Kellie Stonier has been recognised as a leading lawyer for the 4th consecutive year by Doyle’s Guide 2020.
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Griffith Hack recognised in Doyle’s Guide 2020
Griffith Hack has been recognised by Doyle’s Guide 2020 in both firm and individual categories, with Derek Baigent and Kellie Stonier honoured.
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Griffith Hack recognised in World Trademark Review’s 1000 Guide
Griffith Hack has been recognised in World Trademark Review’s 1000 guide for trade mark prosecution and strategy.
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Griffith Hack announces the elevation of two team members to principal
Griffith Hack is thrilled to formally announce the elevation of Gavin Adkins and Robyn Heard to principal.
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Griffith Hack ranked in Legal 500 Asia Pacific 2020 Guide
The recently released Legal 500 Asia Pacific Guide for 2020 reconfirms Griffith Hack’s position as Australia’s highest ranked specialist IP firm.
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Dior and the protection of Indigenous Knowledge in Australia’s IP system
We discuss some of the issues surrounding interactions between Indigenous Knowledge and Intellectual Property systems.
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Sponsorship deals: Risks and rewards
When things go well, sponsorships and endorsements can be mutually beneficial, and the names go hand-in-hand. But it’s not all smooth sailing, as associating your brand with a celebrity, organisation or event can be a risky affair.
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