1. Patents
Europe
Unified Patent Court and Unitary Patent System Commence on 1st June 2023
After decades of negotiations amongst European Patent Convention (EPC) members the ability to be granted a single patent covering many (but not all) EPC contracting states which can be enforced in those states through one set of judicial proceedings will commence on 1st June 2023.
New Zealand
Understanding the Concept of an Inventor
The concept of an inventor needs redefining to specifically include artificial intelligence.
Why Identifying the Invention Matters More Than Identifying the Inventor
The underlying purposes of patent law are best served when the invention has precedence over the inventor.
2. Trade Marks
Australia
BOTOX Reputation Unable to Provide Smooth Result for Allergan’s Infringement Allegation
In Self Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd [2023] HCA 8 the High Court has unanimously allowed Self-Care’s appeal, holding that Allergan’s BOTOX mark has not been infringed either by Self-Care’s use of the phrase "instant Botox® alternative" or by its mark PROTOX.
