Scintilla – a flash, a spark, an iota. Shorthand for creativity and an indicator of inventiveness under Australian law.






Wednesday, July 31, 2013

Government backs franchising reform

By Lawyer Nadia Guadagno

The Federal Government has recently accepted most of the recommendations proposed by the recent independent Review of the Franchising Code of Conduct (the Code). Our previous post described three of the more significant recommendations made by the review and the concerns that they sought to address. In this post, we consider the Government's official response to each of these recommendations.


Monday, July 29, 2013

Could an Expert Panel Opinion be the answer for effective patent enforcement in Australia?

By Senior Associate Louise Brunero

Significant costs, delays and a high degree of uncertainty of outcome are major concerns for those involved in patent enforcement in Australia.

Attempts to find a solution to the difficulties for those enforcing patent rights in Australia has been the topic of independent reviews, government response, court and practitioner input and, most recently, academic consideration. We explore here whether the most recent offering on this topic, Australian Patent Enforcement – A Proposal For An Expert Panel Opinion – Part 1, addresses the difficulties or whether the proposal potentially creates a further hurdle for parties to overcome as they pursue patent enforcement in the courts.

Tuesday, July 23, 2013

Coffee cup court case hits corrugations

By Senior Associate Lester Miller

Access to justice has been a deciding factor for a Federal Court judge in making an order for the Registrar of Designs to complete a second examination of a registered design, rather than have the issues proceed in court. Surprisingly, the argument for the change of venue was made by the sole director of a company, representing himself and the company, both of whom had been alleged to have infringed the design.