Tag: Currently browsing "Felicity Dougherty"
Blake Dawson - Consequences of a finding of a lack of novelty of an independent claim not applying to dependent claims
Felicity Dougherty and Grant Fisher of Blake Dawson reviews E I Du Pont de Nemours & Co v Imperial Chemical Industries Plc [2007] FCAFC 163, an important decision on issue estoppel for patent prosecutions. According to Felicity Dougherty and Grant Fisher, in circumstances where an independent claim of a parent patent application was held to be anticipated, divisional applications (which were amended to avoid the independent claim and rely only on dependent claims) were not automatically considered to be anticipated.
Felicity Dougherty and Grant Fisher note that this case is a reminder to those opposing a patent on the basis that it has been anticipated to ensure that the novelty of all claims is addressed. Importantly, an estoppel on the basis of a finding of anticipation, for example, for related divisional applications, will only cover the claim or claims in respect of which the finding of lack of novelty was made.
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- Published:
- 12 Mar 2008 / 09:36 PM
- Category:
- Patents
Blake Dawson - Are you really as green as you claim? Green marketing under close scrutiny in Australia
Melissa Trotter, Felicity Dougherty, Ayman Guirguis and Lisa Ritson provide an update on the enforcement actions and compliance activity of the ACCC in green marketing claims. In the recently released, “Your Consumer Rights: Environmental Claims”, the ACCC has once again warned that it will “vigorously pursue companies that breach the law”.
Blake Dawson warns that, if your business is making environmental claims, it must ensure each claim can be substantiated when challenged by an energised regulator. In particular, take care when making comparative claims as to the environmental benefits of your products over your competitors and when relying on world-wide marketing copy.
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- Published:
- 12 Mar 2008 / 09:20 PM
- Category:
- Trade Practices
Green is the new black: Regulation of green marketing in Australia
Felicity Dougherty, Arthur Artinian and Lisa Ritson of Blake Dawson report that the Australian Competition and Consumer Commission announced that it will closely monitor green marketing activities in Australia as a result of an increasing number of consumer enquiries and complaints.
Link to Green is the new black: Regulation of green marketing in Australia
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- Published:
- 17 Dec 2007 / 02:44 PM
- Category:
- Trade Practices
Blake Dawson Waldron - Scorecard in innovative activity released
Scorecard in innovative activity released - Felicity Dougherty, Lawyer reports on the Department of Industry, Tourism and Resources recently published Intellectual Property Scorecard 2000-2004 on data obtained from IP Australia, the US Patents and Trademark Office and the European Patent Office:
- “The Intellectual Property Scorecard provides some evidence of strong innovative activity by Australians”
Link to Blake Dawson Waldron article
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- Published:
- 16 Dec 2006 / 04:18 AM
- Category:
- Patents
Blake Dawson Waldron - New copyright laws
New copyright laws -Karen Gettens, Senior Associate and Felicity Dougherty, Lawyerreport on the amendments introduced to the Copyright Act 1968 by the Copyright Amendment Act 2006:
- “For corporations, the Copyright Amendment Bill is a reminder to be vigilant regarding employees’ use of copyright works and to put policies and procedures in place to minimise exposure to liability for an infringement of copyright”
- “The Bill was passed on 5 December 2006 and will come into effect on or around 1 January 2007″
Link to Blake Dawson Waldronarticle
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- Published:
- 14 Dec 2006 / 02:35 PM
- Category:
- Copyright