The long-anticipated changes to the Franchising Code of Conduct are scheduled to take effect on 1 January 2015. Partners Tim Golder and Andrew Wiseman and Lawyer Nadia Guadagno report on the significant changes.

In a significant decision, the High Court has confirmed that methods of medical treatment of the human body are patentable inventions in Australia. Partner Sarah Matheson and Lawyer Lauren John report.

The Australian Government’s Advisory Council on Intellectual Property is currently accepting submissions to its Review of the Innovation Patent System, in which it is considering making changes to the requirement that a valid innovation patent disclose an innovative step. The outcome of this review could have a significant impact on what constitutes a valid innovation patent, and may cut across a number of cases that have sought to clarify the innovative step requirement for these patents. Partner Sarah Matheson, Senior Associate Tom Reid and Law Graduate Israel Cowen report.

Changes to the Franchising Code of Conduct and its enforcement may soon take effect, with the Federal Government accepting most of the recommendations in the recent independent review. Partner Andrew Wiseman and Lawyer Nadia Guadagno report on the some of the significant changes.

We look at a new voluntary labelling system to give consumers greater information about the nutritional content of food; renewed calls for changes to the country of origin labelling regime; a push to loosen the standard of what can be sold as gluten-free; renewed scrutiny of alcohol advertising; defining the difference between a food and a medicine; and the debate around the safety of GM foods.

Changes to New Zealand’s patent legislation, which come into effect on 13 September 2014, will align it more closely to Australia’s patent law. Partners Chris Bird and Trevor Davies advise on the importance of acting quickly before the stricter standards of New Zealand’s new patent regime apply.

The Therapeutic Goods Administration has released the final version of a document outlining its approach to the disclosure of commercially confidential information, including information provided by medicine sponsors. This follows the release of a draft version in June 2013 and a period of public and industry consultation. Partner Sarah Matheson and Senior Associate Alison Beaumer report.

The Federal Government has released a model for the implementation of the Nagoya Protocol that will have major implications for those who use genetic resources and associated traditional knowledge for biodiscovery. Partner Sarah Matheson and Lawyer Julieane Bull provide an overview of changes proposed by the new model and its implications for research and commercialisation pathways.

The Full Federal Court has published its much-anticipated judgment in the AstraZeneca v Apotex appeal. A bench of five judges heard the appeal (in contrast to the usual three judges) in order to be able to clarify, or overrule if appropriate, an earlier Full Court decision relating to the correct test for assessing ‘inventive step’ – known as the ‘starting point’ issue. This ruling restores the tighter test for obviousness and should be welcomed by patentees. As Managing Associate Clare Young and Senior Associate Suzy Muller report, the court also provided other useful guidance on infringement of method of medical treatment claims, and on the issue of whether injunctions are always the right remedy for patent infringement.

Just over six months after the release of the Exposure Draft for the new Franchising Code of Conduct, the new-look Code has been finalised and enacted. Partners Tim Golder and Andrew Wiseman and Lawyer Julia Kovarsky report on the practical implications for franchisors.

The Allens IP blog, Scintilla, provides regular insights and analysis on intellectual property law. We have published a selection of blog posts in a handy digest for clients. In this edition, we cover the latest issues in patents, trade marks, copyright, designs and international issues.

With the new Franchising Code of Conduct and civil pecuniary penalties set to commence on 1 January 2015, a recent Full Federal Court decision is a timely warning to franchising parties to ensure their practices comply with the Code. Partner Tim Golder and Associate Nadia Guadagno report on this decision and its significant implications for franchising parties.

The Federal Government proposed significant changes to the regulation of biodiscovery earlier this year, when it released a model for the implementation of the Nagoya Protocol. Partner Michael Morris and Associate Julieane Bull report on the potential flow-on effects for Queensland’s regulatory regime.

In a unanimous decision, the Full Federal Court has confirmed that genetic materials in their isolated form remain patentable in Australia. The decision related to an appeal from an earlier Federal Court decision in which it was found isolated nucleic acids to be a ‘manner of manufacture’ as required by Australia’s patent legislation and therefore patentable subject matter. The latest decision did not deal with policy, social or moral reasons as to whether nucleic acids or genes should be patentable which, as the court noted, has been considered by the Australian Law Reform Commission and the Australian Parliament. Partner Dr Trevor Davies and Associate Dr Tony Shaw provide an overview of the decision and its implications for patentees, patients, the biotechnology industry and the Australian medical research community.

The recently delegated .news domain string has the potential to impact brand owners universally, particularly now that registrations in the .news domain string are open for general availability. With no eligibility requirements and low registration costs, .news has a high risk of infringement at the second level. Partner Tim Golder and Senior Associate Carissa Apps report.

Despite strong criticism of Vox Populi’s pricing scheme as predatory and exploitative, brand owners are paying hefty premiums for early registration in the yourbrand.sucks domain string. With sunrise registration closing on 29 May 2015, you should now be taking the necessary steps to ensure your company can secure a registration during the sunrise period, so that .sucks will not suck for your brand. Partner Tim Golder and Associate Carissa Apps report.

The Federal Court has awarded a substantial penalty of $500,000 against a franchisor that had contravened both the Australian Consumer Law and the Franchising Code of Conduct. Partner Andrew Wiseman and Law Graduate Catherine Francis report on the implications of the decision for franchisors.

Two recent trade mark cases have widened the field of marks that are potentially registrable in Australia on the basis that those marks are inherently adapted to distinguish. Partner Tim Golder reports.

In the culmination of a hard-fought patent dispute, the High Court of Australia has unanimously ruled that Myriad Genetics’ patent claims to isolated nucleic acid coding for the mutant or polymorphic BRCA1 polypeptide are not valid. This overturns the previous decisions at trial and on appeal before the Full Federal Court, and effectively nullifies the long-standing practice that ‘isolation’ of material from a natural source is sufficient to meet the Australian patentable subject matter threshold. Partner Trevor Davies and Managing Associate Linda Govenlock report.

The Federal Court has made it clear that when trade mark applications are filed in the incorrect name, the defect is fatal. Accordingly, it is vital that trade mark owners ensure that valid rights have been secured. Managing Associate Mark Williams reports.