Can I legally get evidence from a competitor who I suspect is infringing my intellectual property?
You can use the "preliminary discovery" process to obtain documents prior to the commencement of court proceedings to assess the merits...
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stevedavey4
- Dec 7, 2022
- 1 min
Can I copy a competitor's sales pitch in my advertising?
It is possible to legally copy an idea behind another advertisement, but you cannot substantially reproduce the other advertisement. In...
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stevedavey4
- Dec 7, 2022
- 1 min
Can I patent a game?
The short answer to this question is 'no'. The Examiners Manual states: "Games per se are not patentable being merely mental processes,...
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stevedavey4
- Jul 27, 2022
- 4 min
Does the US patents office still accept software patent applications?
The short answer is 'no'. US Examiners routinely reject applications for software inventions on the basis they are allegedly "mere...
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stevedavey4
- Dec 1, 2021
- 1 min
Which countries are first to use and which countries are first to file for trade mark rights?
The “first to file” countries grant rights to the person who first files a trade mark application over a third party who made prior use...
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stevedavey4
- Sep 11, 2021
- 2 min
Do countries outside Australia have innovation patents?
Patent Examiners often object to patent applications on the basis that the invention is obvious. Everything seems obvious in hindsight....
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stevedavey4
- Aug 31, 2021
- 2 min
Can I still protect my design after publicising it?
Australia introduced a grace period for filing design applications on 10 March 2022. This will mean that your design will still be...
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stevedavey4
- Aug 17, 2021
- 1 min
Can I make my product look like my competitor's product?
The short answer is "no". You should not make your product so close to your competitor's product to deliberately misappropriate the...
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stevedavey4
- Jun 18, 2021
- 2 min
Can I use my surname as my trade mark?
You can, but beware. The Trade Marks Office will object to your application if your surname occurs on the Electoral Roll more than 750...
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stevedavey4
- May 10, 2021
- 1 min
Can copyright protect my slogans?
In the case of State of Victoria v Pacific Technologies (Australia) Pty Ltd (ACN 065 199 439) (No 2) [2009] FCA 737, Emmet J stated that...
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stevedavey4
- Mar 19, 2021
- 2 min
How do I protect my idea in China?
You can protect your idea in China with a patent application. There are three types of patents in China: (1) invention, (2) utility and...
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stevedavey4
- Feb 5, 2021
- 6 min
How do I protect my design in New Zealand and Australia?
You can protect your design by officially registering it. An application, accompanied by a Statement of Novelty and representations of...
108 views0 comments
stevedavey4
- Jan 28, 2021
- 2 min
Do I own the invention that my employee created?
Employees The employer owns the intellectual property created by an employee if it is related to the employer’s business, unless the...
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stevedavey4
- Jan 24, 2021
- 1 min
Is software patentable in New Zealand?
The New Zealand Patents Act specifically excludes software from being patentable subject matter. However, new software for controlling...
67 views0 comments
stevedavey4
- Nov 20, 2020
- 1 min
Can people re-use my patented products once I sell them?
Yes they can. In the case of Calidad Pty Ltd v Seiko Epson Corporation [2020] HCA 41 the majority of the High Court of Australia ruled...
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stevedavey4
- Oct 15, 2020
- 2 min
Can I copy clothing pattern designs?
No. You cannot even make substantial reproductions of clothing designs. That would constitute copyright infringement. In the case of...
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stevedavey4
- Oct 15, 2020
- 1 min
Can I copy a house design?
No, you can't. Copyright subsists in house design. Copying the house design constitutes copyright infringement. In Coles v Dormer...
25 views0 comments
stevedavey4
- Oct 15, 2020
- 1 min
Can I get extra compensation for flagrant copyright infringement?
Yes, you can. In the case of APRA v Dion [2016] FCCA 2330, the Federal Circuit Court awarded $34,822 for copyright infringement (and the...
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stevedavey4
- Oct 15, 2020
- 2 min
Do I have to pay compensation for copyright infringement if I was an innocent infringer?
There are two forms of compensation that a court can award: (1) the infringer's net profits (known as "an account of profits") and (2)...
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stevedavey4
- Oct 15, 2020
- 1 min
Should I list my trade mark on the Amazon Brand Registry?
Amazon Brand Registry helps brand owners to protect their registered trade marks on Amazon from counterfeit products and trade mark...
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stevedavey4
- Jun 24, 2020
- 1 min
Can I patent a board game?
No. Abstract ideas such as rules for playing a game are not patentable subject matter. However, you can register your board design. The...
24 views0 comments
stevedavey4
- Feb 28, 2020
- 3 min
Is using my own name a defence to trade mark infringement?
The case of Flexopack S.A. Plastics Industry v Flexopack Australia Pty Ltd [2016] FCA 235 is relevant to this issue. The Applicant,...
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stevedavey4
- Feb 18, 2020
- 4 min
Can I use a building name in my business name?
Significant investment is made by developers when building businesses. Trade mark registration is necessary to protect that investment. ...
111 views0 comments
stevedavey4
- Feb 11, 2020
- 2 min
Can I register a foreign trade mark?
The foreign manufacturer is generally the “first user” and therefore the “true owner” of the trade mark in Australia under section 58...
25 views0 comments
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