CGT will apply to the profit/gain to companies when they transfer their IP assets because of the wide definition of ‘property’. Under the new law, the gain is a net of acquisition cost and sale price of the asset, which in our view is for the most part not a workable model for IP...

By Darren Olivier, Afro-IP blog

It is South Africa's turn to adjudicate on the legality of bidding on competitor marks as Google keywords in a groundbreaking case. The results of the case will directly affect online advertising and search engine optimisation strategies in South Africa and perhaps be a precedent for Africa.

By Darren Olivier, Afro-IP blog

The IP Laws Amendment (Raising the Bar) Act 2012 made substantial changes to the Patents Regulations 1991 (Cth) relating to the conduct of patent oppositions, including the regulations relevant to seeking an extension of time (‘EoT’) in which to file evidence. Under the previous regime, multiple...

By Adrian Crooks, Phillips Ormonde Fitzpatrick

The recent decision of the Federal Court of Australia in Damorgold Pty Ltd v JAI Products Pty Ltd [2014] FCA 150 has provided some useful guidance as to when prior public use of an invention constitutes prior art for the purposes of assessing the novelty and inventiveness of a patented...

By Daniel McKinley, Phillips Ormonde Fitzpatrick

Representatives from the UK’s creative industries (including the British Phonographic Industry and Motion Picture Association) and ISPs in the UK have joined forces with the government to launch a two-pronged anti-online piracy initiative known as Creative Content UK

By Caroline Bass, Field Fisher Waterhouse