A recent WIPO report has highlighted the enormous growth of patent activity in relation to generative artificial intelligence.  The report highlights the extent to which Chinese companies are filing patents in the field of GenAI. The report provides a fascinating overview of the various GenAI models, and the applications to which they are most suited….

The High Court of Australia has granted the Australian Taxation Office (ATO) leave to appeal from an important decision of the Federal Court of Australia, in relation to whether payments made under a bottling agreement are subject to royalty withholding tax. Ordinarily, royalties payable by an Australian company to an offshore licensor are subject to…

The duration of an IP licence, and the circumstances in which the licence may be terminated, are critically important issues.  When there is a dispute between a licensor and licensee, the termination clauses will be amongst the first to be reviewed by the parties’ lawyers.  Yet the practical significance of these issues is sometimes not…

Under Australian law, contracts are interpreted by an objective standard – i.e. what would a reasonable person have understood the parties to have meant by their words and conduct, in light of the surrounding circumstances.   This is often not an easy task in the case of informal (unwritten) contracts, which is one of the…

It is well established that the reputation of a registered trade mark is not relevant to the question of whether two marks are deceptively similar.  The test of deceptive similarity is a notional one, which involves assessing the impression created by each mark and the likely effect of mark on the minds of potential customers. …

The Australian Competition and Consumer Commission (ACCC) recently highlighted the risks involved when competitors enter into IP licence agreements. Background Celgene, a pharmaceutical company, commenced patent infringement proceedings against two manufacturers of generic drugs. The proceedings were settled on the basis that the generic manufacturers would be licensed to launch their products before the expiry…

The federal government is seeking feedback on a plan to introduce mandatory, standard-form IP contracts to the university sector. The proposed Higher Education Research Commercialisation (HERC) IP Framework will include collaborative research, licence agreements, material transfer, copyright licences and non-disclosure agreements between universities and businesses.  The government’s discussion paper states that IP issues, and the complexity…

Two business partners operated a number of stalls at the Sydney Flower Market.  In order to resolve a dispute, they agreed to divide the business into two, with Vinflora owning one part and Belfora owning the other part.  As part of the settlement, Vinflora agreed not to import flowers from South America, and Belfora agreed…