Plant breeder's rights now apply in Norfolk Island

As of 1 July 2017, the Plant Breeder’s Rights Act 1994 (Cth) (PBR Act) now applies in Norfolk Island.  The PBR Act provides a system of registration and exclusive commercial rights for new plant varieties.

Norfolk Island is a small island off the coast of Australia, located approximately 1,600km northeast of Sydney between Australia, New Zealand and New Caledonia.  The island is part of the Australian Commonwealth and has many unique historical relics and native flora and fauna species.

Norfolk Island previously had no system for protecting new plant varieties; however Australia’s other intellectual property systems applied there.

The change is part of the Australian Government’s reforms in Norfolk Island and aims to provide residents with the same rights as those in other parts of Australia.  The application of the PBR Act will assist with fostering plant breeding and innovation on the island.

For enquiries please contact:

Belinda Breakspear

Alex Hutchens

John Kettle

Paul McLachlan

A $1.5 million price tag for unlawfully exploiting Aboriginal intangible heritage

Nine out of 10 Australians agree that Aboriginal art is an important part of Australian culture.¹ This recognition, however, is not always reflected in laws that would ordinarily be expected to protect Australian cultural heritage. The significant value of Aboriginal art and tradition, both financially and culturally, makes it a target for exploitation within the Australian and overseas markets, and not always lawfully.

While works by individual artists are generally protected by copyright, there are limited statutory rights for the broader protection of what is characterised as ‘intangible’ cultural heritage.  Whilst this remains the position in every Australian jurisdiction, the State of Victoria has now broken ranks.

Cotton On in the wrong with trade mark infringement?

Cotton On is facing litigation in the Federal Court of Australia from a sole trader in the United States who claims that the 1,400 store clothing chain copied her trade mark protected brand, ‘LETTUCE TURNIP THE BEET.’  

New York designer Elektra Prinz Gorski filed an application with the Federal Court of Australia in April this year for loss and damage, claiming that Cotton On knew or ought to have known that Cotton On’s t-shirt products bearing the phrase ‘LETTUCE TURNIP THE BEET’ infringed Ms Gorski’s trade mark and copyright.

Apple facing damages bill for patent infringement

Alex Hutchens, John Kettle, Paul McLachlan, Eliza Humble

Apple Inc could be facing up to $US862 million in damages after a US Federal jury ruled on 13 October 2015 that it infringed a patent owned by the licensing arm of the University of Wisconsin.

The globalisation of Australian brands and why you need to register your Chinese trade mark application now

Malcolm McBratney, Alex Hutchens, Kellie Jukkola, Alexia Marinos

With more and more Australian companies entering the lucrative Chinese marketplace, it’s important to register your trade mark in this jurisdiction as soon as possible or you may miss out and in the process dilute your future ability to promote your brand globally.

Unlike Australia, China has a ‘first-to-file’ approach to trade mark registration.  This means the first applicant for a trade mark will generally acquire rights in the mark, even though they may not be the first user of the brand in that country. 

Expanding overseas? Make sure your brand is protected

From mid 2016, amendments to Canadian trade mark laws will make it more difficult for foreign trade mark owners to register to protect their brand. 

Malcolm McBratney, Alexia Marinos

Registered trade marks are the most important tool that a business can have to protect its brand in Australia and worldwide. They give you the exclusive monopoly to use the brand in connection with your business’ goods and services and give you the right to prevent others from using similar or identical brands for similar or closely related goods and services. Trade marks can be registered in perpetuity provided they remain in use in the countries in which they are registered and if renewal fees are paid every ten years.

But first, let me take a selfie…No, check your patent first

Malcolm McBratney, Stephanie Parkin

Taking a selfie has never been so simple – thanks to the selfie stick.  With an estimated 100,000 sold worldwide during Christmas, the selfie stick has become a household essential and earned itself a spot on the Time’s 25 Best Inventions of 2014.  In reality, the alleged original inventor of this newfound gadget launched the product in 2006 after years of investment and prototypes and long before the selfie was recognised as a word or became a phenomenon.

It's time to review your brands and trade marks!

Malcolm McBratney, Alexia Marinos

When was the last time you reviewed your brand and trade mark portfolio in Australia and overseas? Are all of the brands used by your business protected by registered marks? Has your business expanded the goods and services it provides since your trade marks were registered? Have you tweaked your logo?

Now is the time to review your brand and trade mark portfolios. We have prepared a checklist to assist you to make sure your business is where it should be in respect of its brand and trade mark protection.

Disney issues warning over counterfeit bracelets

Alex Hutchens, Malcolm McBratney, Stephanie Parkin

A number of recent cases indicate that Disney is dealing with a new type of Lyin’ King in the form of counterfeiters.

A cat fight is brewing: unauthorised imitation of Jaguar Land Rover vehicles in China

Alex Hutchens, John Kettle, Malcolm McBratney, Paul McLachlan, Alexia Marinos

Jaguar, the well known British multinational car manufacturer may commence an action against Chinese car manufacturers, Chang’an Automobile Group and Jiangling Motors Corporation (Chang’an and Jiangling) for producing a land rover vehicle known as LandWind that is an imitation of the Jaguar Range Rover Evoque.

New EU practice for black and white trade marks

Malcolm McBratney, Kellie Jukkola, Alexia Marinos

The European Union (EU) has recently introduced a new practice for how black and white trade marks are dealt with.  The new practice affects all trade mark applications and registrations for Community Trade Marks and national trade marks in EU Member States, except for Denmark, Finland, France, Italy, Norway and Sweden.