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State of the art: Key Australian IP developments –

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So far, this year has seen a number of significant
developments affecting the Australian intellectual property
landscape. In this edition of State of the Art, a
publication by the Corrs IP team, we explore some of the most
notable of these.

The Australian Aboriginal Flag is a significant and powerful
symbol of Aboriginal identity. Corrs was privileged to act pro bono
for Mr Harold Thomas, artist and author of the copyright in the
Aboriginal Flag, on the deal to assign copyright in the flag to the
Commonwealth, which we explore in this edition.

In a major development in Australia’s longest running patent
dispute, we discuss Danish pharmaceutical company Lundbeck’s
success in an appeal before the High Court of Australia.

The Full Federal Court of Australia unanimously overturned an
earlier decision relating to patent inventorship by artificial
intelligence. We discuss the Full Court’s decision, which
brings Australia (back) into line with the vast majority of
jurisdictions. We also consider a May 2022 judgment of the UK Court
of Appeal, which serves as a useful reminder for e-commerce
retailers of the risk of trade mark infringement when advertising
and selling their products online.

In light of a recent provisional decision by the Australian
Competition and Consumer Commission to deny authorisation of a
proposed settlement between a pharmaceutical originator and a
prospective supplier of a biosimilar product, we look at how
competition law risks arising from patent settlement agreements are
being addressed in Australia. Separately, we unpack a pair of
significant appeals handed down by the Full Federal Court which
have provided clarity in relation to Australia’s patent term
extension regime for pharmaceutical substances.

Finally, while wearable electronic medical devices are emerging
as an effective and convenient way of monitoring and maintaining
individuals’ health, robust cybersecurity remains a critical
consideration for the industry. We consider the cybersecurity risks
for manufacturers of digital medical devices.

We hope you enjoy this edition of State of the Art.
Access a copy here, or click the ‘DOWNLOAD PDF’

Downloadd AS PDF

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

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