Latest News & Articles

  • 20 April 2026

    In this article David Nowak covers the New Zealand High Court judgment Pharmalink International Ltd v Pharmazen Ltd [2025] NZHC 2657 - in which, for the first time, a New Zealand court has expressly adopted and applied the plausibility standard for sufficiency and support under the Patents Act 2013.

    The Court ultimately upheld the refusal to grant a patent because the invention was not plausible across the breadth of the claims.  This decision signals clear alignment with UK authority and sets a new, explicit benchmark for future pharmaceutical and biochemical patents.



  • 30 March 2026

    Recently, the New Zealand Court of Appeal released its judgment Zuru New Zealand Limited v LEGO Juris A/S [2025] NZCA 650. The judgment is a useful authority on the limits of trade mark monopolies when using a competitor’s registered trade mark for the purpose of comparative advertising, including product compatibility claims.

    The decision, as it stands, means using a competitor’s trade mark is allowed provided it is done in such a way that is true, accurate, and not misleading. Importantly, the competitor’s trade mark should not be used in a way that consumers would see it as indicating the trade source of the product on which it is used. In this article, Zoe Dewhurst and David Moore provide their summary and takeaways.



  • 19 March 2026

    IP Australia has released a suite of proposed amendments aimed at simplifying intellectual property (IP) regulation, reducing administrative burdens, and aligning Australia’s IP framework with key overseas jurisdictions. The consultation documents and proposed reforms span patents, trade marks, designs, plant breeder’s rights (PBRs), and the regulation of IP attorneys. 

    The consultation period is fairly short, open until 2 April 2026. Contact us if you would like our guidance or assistance with making a submission on the future of Australia’s IP landscape.


  • 18 March 2026

    In this article Zoe Dewhurst sums up the11 March 2026, the High Court of Australia delivered its highly anticipated judgment in Taylor v Killer Queen LLC [2026] HCA 5. The case stems from a long standing dispute between Australian fashion designer Katie Jane Taylor (formerly Katie Perry) and American pop star Katy Perry (Katheryn Hudson). The dispute has become one of the most significant Australian trade mark decisions in recent years.

    The High Court ruling clarifies how reputation, confusion, and rectification of the Trade Marks Register are to be assessed under the Trade Marks Act 1995 (TMA). The Court ultimately found in favour of Taylor, overturning the decision to cancel her registered trade mark ordered by the Full Federal Court.




  • 23 December 2025

    The Full Federal Court of Australia decision in Sun Pharma ANZ Pty Ltd v Otsuka Pharmaceutical Co Ltd [2025] FCA 44 has found that only patents directed to active pharmaceutical ingredients (API) per se are eligible for a patent term extension.  This decision overturns earlier decisions of the Federal Court, and a considerable body of practice, allowing patent term extensions for patents directed to pharmaceutical formulations. 




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