News & Insights

The recent High Court decision in Calidad v Seiko removed the implied licence doctrine from Australian patent law, which was established in the early 1900’s in a Privy Council decision, and replaced it with the more widely accepted exhaustion of rights doctrine. We consider the implications of this decision on businesses, and what practical steps your clients can take to ensure their patent rights aren’t exhausted.

We also give a final word on Kraft v Bega, in light of the High Court’s refusal to grant leave.

This webinar explored:

• what this means for your clients’ businesses at a practical level;
• how your clients can enforce their trade mark rights going forward; and
• how to help your client’s avoid their Australian trade marks from being unenforceable.

2020 provided significant IP judgements, which will impact on the day to day running of your clients’ businesses. In 2021, your clients need to know how they can commercialise and enforce the IP rights you’ve protected for them.

The information contained in this article is general in nature and cannot be relied on as legal advice nor does it create an engagement. Please contact one of our lawyers listed above for advice about your specific situation.