Kate Hay
Bad intentions: Can you copy elements of a competitor’s design?
27 April 2026
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
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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Federal Court grants urgent interlocutory injunction in dapagliflozin dispute
24 February 2026
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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Special leave in Aristocrat refused: Australia’s approach to patentability of CIIs settled
11 February 2026
Following the High Court’s refusal of special leave to the Commissioner of Patents on 5 February 2026, Australia now has a clear position on computer-implemented inventions (CIIs): the Full Federal Court’s September 2025 articulation of the test in Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents[1] remains the settled law.
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Federal Court grants first preliminary injunction to pharma patentee in 7 years
28 January 2026
On 5 December 2025, the Federal Court of Australia granted an interlocutory injunction restraining the launch and Pharmaceutical Benefits Scheme (PBS) listing of generic long-acting injectable (LAI) paliperidone palmitate products.
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Australia reformulates its position on patent term extensions
15 December 2025
The Full Federal Court of Australia has determined that pharmaceutical formulations are not eligible for patent term extension in Australia.
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From trespass to trust: the Full Court expands equitable remedies for wrongfully obtained copyright works
3 September 2025
The Full Court has broken new ground in The Game Meats Company of Australia Pty Ltd v Farm Transparency International Ltd [2025] FCAFC 104, imposing a constructive trust over copyright in footage obtained by trespass.
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Collaborating? Here’s how to avoid a web of IP issues
22 August 2025
Commercial collaboration can create unbeatable opportunities for innovation and securing return on investment.
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Stop! In the name of interlocutory injunctions: lessons from 2024
17 March 2025
Interlocutory injunctions can be a critical tool to help protect intellectual property rights by restraining alleged infringement while a substantive infringement proceeding is run.
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