Ralph Lauren and take-down notices – keeping things in proportion

A flurry of posts appeared recently on the Net as a consequence of Ralph Lauren issuing a DMCA take-down notice to the ISP of entertainment site Boing Boing.  Without attempting the summarise the broader debate on notice and take-down procedures (which, to put it mildly, is the subject of some contention), this incident is useful reminder that notice and take-down processes impose obligations on notice issuers as well as notice read more…

Lessons about patent amendment

The Federal Court recently confirmed, in Apotex v Les Laboratoires Servier (No 2), that a patentee’s conduct is a crucial element considered by the Court in relation to the exercise of judicial discretion to amend a patent. In particular, a patentee applying for an amendment must make a full and frank disclosure of all the reasons for seeking the amendment. The amendment must be sought in good faith and without delay. read more…

US report says that genetic tests should be exempt from patent protection

A report prepared by an advisory committee to the Secretary of Health & Human Services in the United States has recommended that US patent law should be amended to create an exemption from liability for persons who infringe patents for genetic testing technologies.  The committee’s recommendations arise from concerns over patient access to genetic tests and the restrictive licensing arrangements between patentees and licensees to administer and exploit the genetic testing technology.

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Mallesons congratulates Professor Elizabeth Blackburn on Nobel win

Professor Elizabeth Blackburn from Launceston, Tasmania is the first Australian woman to win a Nobel Prize. Her Prize for Medicine is an inspiration to Australian women in science.

Professor Blackburn’s work was responsible for identifying telomerase, the enzyme which forms a cap at the end of our chromosomes to protect them from damage. As cancers depend on telomerase for their continued growth, the work is particularly crucial to the development of treatments for cancer which block the activity of telomerase.

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