1. General
Australia
Incentive to File Prior to IP Australia Increasing Many Official Fees on 1st October 2024
IP Australia has now confirmed wide ranging official fee changes that will takes effect from 1st October 2024, following its earlier consultation on its draft Cost Recovery Implementation Statement (CRIS).
2. Patents
New Zealand
No Elbow Room Given for Resmed’s Broad Nasal Mask System Claims
In Resmed Pty Ltd v Commissioner of Patents [2024] NZHC 1881 Resmed’s appeal concerning the claims of its nasal mask system was unsuccessful. The High Court of New Zealand upheld the Assistant Commissioner’s finding that the claims were not fairly based on the patent specification.
Judge Allows Patent Divisional Deadline Reprieve But Legislative Change Preferable
A recent High Court decision provides some hope to applicant’s who seek to correct an error when their patent application missed a deadline due to no fault of their own.
3. Trade Marks
New Zealand
The Cost of Trade Mark Non-Use – Duelling Over Crocodile Marks Continues
In Lacoste v Crocodile International Pte Limited 2024 NZHC 1333 the Judge confirmed that pleading non-use puts both genuine use and use as a trade mark in issue and that pleading non-use in respect of all goods and/or services does not preclude a finding of partial revocation.
