Key points The Federal Court of Australia recently held that an isolated human gene is patentable, as it is a "method of manufacture". Contrary to the Australian position, the US Supreme Court held that an isolated human g...

We have all heard of colour trademarks, shapes, sounds and even scents. They have been around in our trademark law since 1995. While not numerous or necessarily easy to procure,1  they are now practically traditional, as there is...

Takeaway tips Although using a competitor’s trade mark as a means of comparison to your own product may not be an infringement of trade mark, it will be an infringement if you objectively indicate that you are the origin of...

In an article in the June 2011 issue of the Australian Intellectual Property Law Bulletin, we summarised the first seven years of the epic Barbie vs Bratz litigation.1 Mattel Inc, the owners of Barbie, took proceedings in April...

A case of déjà vu for American musician, film director and fashion designer Kanye West who has found himself the subject of another copyright infringement claim, this time by unsigned rapper Vincent Peters, professionally known ...

In the July 2011 issue of the Australian Intellectual Property Law Bulletin, we published an article on the litigation in the United States launched by Christian Louboutin to prevent Yves Saint Laurent (YSL) from marketing a par...