IP Whiteboard

The Treaty on IP, Genetic Resources and Associated Traditional Knowledge has been tabled in Parliament

22 May 2026

By Suzy Madar, Luke Hawthorne, Damien MacRae

Just over a year ago, we wrote about the adoption of the Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (the Treaty) by 150 members states of the World Intellectual Property Organization (WIPO) and what it could mean for Australia: read our earlier post here.

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Opening the archives: Australia’s new orphan works scheme

29 April 2026

By Cate Nagy, Kelly Williamson, Megan Fitzgerald

In November 2025, the Federal Government introduced the Copyright Amendment Bill 2025 (Cth) (Bill) which proposed an orphan works scheme for Australia.

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McCallum v Projector Films: moral rights, principal director, and why credits counted

28 April 2026

By Kate Hay, Luke Hawthorne, Jacob Flynn, Ellie Nigro, Sophia Bleakley

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Bad intentions: Can you copy elements of a competitor’s design?

27 April 2026

By Kate Hay, Cate Nagy, Jacob Flynn, Bianca Terlato

The recent decision of the Federal Court of Australia in Bodum AG v H.A.G Import Corpn (Australia) Pty Ltd [2026] FCA 238 illustrates that even deliberate copying of a competitor’s design elements does not necessarily breach the Australian Consumer Law or amount to passing off.

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Digging too deep: When patent amendments become an abuse of process

24 April 2026

By Kate Hay, Suzy Madar, Sarah Huang

This is a short note to report on a successful interlocutory application seeking a declaration that a patent amendment amounted to an abuse of process.

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Supercharging section 40: Full Court confirms date for assessing best method for divisional patents

17 April 2026

By Matthew Swinn, Danielle Sharplin, Sarah Huang

In The NOCO Company v Brown and Watson International Pty Ltd [2026] FCAFC 44, the Full Court of the Federal Court has affirmed previous decisions that the relevant date for assessing a patentee’s disclosure of the best method under s 40(2)(aa) of the Patents Act 1990 is the date of filing the patent in suit, not any earlier priority or parent document.

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The TGA’s medicinal cannabis products review: what stakeholders said and what comes next

19 March 2026

By Suzy Madar, Rowan Tan, Damien MacRae

The Therapeutic Goods Administration (TGA) has released its response to the feedback it received to its consultation on the safety and regulatory oversight of unapproved medicinal cannabis products.

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CPC v Apple: Appeal in funded patent litigation

5 March 2026

By Suzy Madar, Tim Craven, Christine Porter

CPC Patents Technologies’ (CPC) appeal of the Federal Court’s decision in CPC Patent Technologies Pty Ltd v Apple Pty Limited [2025] FCA 489 was heard in the Federal Court earlier this week.

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Federal Court grants urgent interlocutory injunction in dapagliflozin dispute

24 February 2026

By Kate Hay, Suzy Madar, Jacob Flynn, Lily McCubbin

On 16 February 2026, the Federal Court of Australia granted an urgent interlocutory injunction restraining Pharmacor from launching and listing generic dapagliflozin products on the PBS.

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New TGA guidance on the regulation of AI-based software medical devices

17 February 2026

By Suzy Madar, Luke Hawthorne, Penny Henderson

Opportunities for the application of AI in health and life sciences continue to grow.

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Most Recent

The Treaty on IP, Genetic Resources and Associated Traditional Knowledge has been tabled in Parliament

Opening the archives: Australia’s new orphan works scheme

McCallum v Projector Films: moral rights, principal director, and why credits counted

Bad intentions: Can you copy elements of a competitor’s design?

IP Whiteboard Posts

The Treaty on IP, Genetic Resources and Associated Traditional Knowledge has been tabled in Parliament

Opening the archives: Australia’s new orphan works scheme

McCallum v Projector Films: moral rights, principal director, and why credits counted

Bad intentions: Can you copy elements of a competitor’s design?

Digging too deep: When patent amendments become an abuse of process

Supercharging section 40: Full Court confirms date for assessing best method for divisional patents

The TGA’s medicinal cannabis products review: what stakeholders said and what comes next

CPC v Apple: Appeal in funded patent litigation

Federal Court grants urgent interlocutory injunction in dapagliflozin dispute

New TGA guidance on the regulation of AI-based software medical devices