Scintilla – a flash, a spark, an iota. Shorthand for creativity and an indicator of inventiveness under Australian law.






Friday, November 22, 2013

Stronger patents, faster

By Lester Miller, Senior Associate

'I could have done that!' saith the Rock Star, upon grasping the breadth of a patent claim, 'Where's the invention?'. In some cases, it's a valid point , economically made. We update you with several measures that applicants, third parties and governments are taking to improve the quality of patents.



Third-party observations


The depth of searching resources is a major factor in patent quality. Third parties can submit information that is relevant to a patent application to an official body – WIPO for international patent applications, or local and regional patent offices. That information can be taken into account during examination.

Wednesday, November 13, 2013

Thinking inside the Box: the case for a Patent Box in Australia

By James Gonczi, Lawyer

With the recent change in Australia's Federal Government, Allens has been considering what ideas our new government might be coming up with. In the intellectual property space, one potentially big development is the suggestion that the Abbott Government might be considering whether to introduce a 'Patent Box' in Australia.

The so-called Patent Box isn't exactly a new idea. The United Kingdom and several other European countries have already adopted a Patent Box and even President Obama has this item on his agenda now that the Government shutdown is concluded (at least for now). The Patent Box has already been under consideration in the United States Congress. H.R 2605, a Bill to amend the Internal Revenue Code to allow a deduction for patent box profit, was introduced to Congress on 28 June 2013. Australia is definitely playing catch-up.

Friday, November 8, 2013

Ooh là là: King Louis the 5th more famous for sunglasses than Louis Vuitton?

By Kimberley Evans, Trade Mark Attorney

In Louis Vuitton Malletier v Sonya Valentine Pty Ltd [2013] FCA 933, Louis Vuitton attempted to prevent the importation and sale of sunglasses by Sonya Valentine, alleging trade mark infringement and misleading and deceptive conduct. The sunglasses in question bore the following flower emblem:



and/or the words 'LOUIS V', while Louis Vuitton holds trade mark registrations for LOUIS VUITTON and the following logo:





Wednesday, November 6, 2013

All that glitters, part 2: when five stars is not good enough

By James Gonczi, Lawyer

For coffee enthusiasts, we bring an update on a recent dispute over the CINQUE STELLE and ORO trade marks owned by Cantarella Bros Pty Ltd, of 'VITTORIA' brand fame. 'Cinque Stelle' means 'Five Stars' in Italian. 'Oro' is the Italian word for 'Gold'.

Modena imports coffee products, some of which use the words 'Cinque Stelle' and 'Oro' on packaging and other marketing materials. Cantarella sued Modena for trade mark infringement, which Modena denied. Modena also cross claimed for cancellation or removal of the CINQUE STELLE and ORO trade mark registrations on various grounds, including that they were not inherently adapted to distinguish Cantarella's products from those of other traders.