Recent news & publications
Date: 12 Oct 2017
Various news outlets have now reported far and wide that, after becoming aware of a pop-up bar said to have incorporated various themes from the Stranger Things series, Netflix’s IP counsel sent the bar’s owners a cease and desist letter.
Date: 29 Sep 2017
After months of anticipation, speculation and some controversy, the Turnbull government’s crowd-sourced funding (CSF) regime for unlisted public companies came into effect today, 29 September 2017.
Date: 13 Sep 2017
An Australian business might contemplate litigation against an overseas party for a wide variety of reasons, such as a claim arising from a breach of contract with a foreign-based supplier or manufacturer.
Date: 08 Sep 2017
All businesses should be reviewing the way they manage the risk of underpayment and worker exploitation as the Federal Government’s reforms to protect vulnerable workers are about to take effect.
Date: 03 Aug 2017
For many early stage and fast growth companies, the most (or only) valuable asset is their intellectual property (IP). IP encompasses various rights such as patents, trade marks, copyright, designs and trade secrets, and is often what gives a company an edge over its competitors.
Date: 30 Jun 2017
Key changes affecting Australian workplaces are about to take effect, impacting minimum wages, unfair dismissal, penalties for breaches of the Fair Work Act 2009 (Cth) (Fair Work Act) and superannuation contributions.
Date: 08 Jun 2017
There are numerous examples of the unquestionable value that can come from developing and protecting a brand with a well-thought-out brand strategy – just think of what Nike has achieved with its iconic ‘swoosh’, or McDonalds with its famous ‘golden arches’.
Date: 31 May 2017
The success of an innovative business often hinges on its intellectual property. Recognising that IP rights are often misunderstood and their value can sometimes be overlooked, DibbsBarker has developed a new tool called ‘IP Ready’.
Date: 17 May 2017
The recent decision in Universal Music Australia Pty Limited v TPG Internet Pty Ltd  FCA 435 (TPG Internet) heralds another win for copyright owners and exclusive licensees protecting their rights from pirate websites operating outside Australia.
Date: 12 May 2017
Under the National Health Act 1953, medicines listed on the Pharmaceutical Benefits Scheme (PBS) are assigned to either Formulary 1 (F1) (usually single brand medicines) or to Formulary 2 (F2) (usually medicines that have multiple brands, or are in a therapeutic group with other medicines with multiple brands).
Full Federal Court confirms that the act of applying for PBS listing is not an ‘offer to supply’ a pharmaceutical product
Date: 20 Apr 2017
In a recent appeal case heard by the Full Court of the Federal Court of Australia, the Court has confirmed that merely making an application for listing of a patented pharmaceutical product on the Pharmaceutical Benefits Scheme (PBS) would not infringe the patent.
Date: 28 Mar 2017
As China’s trade mark system operates on a ‘first to file’ basis, foreign brand owners that do not register their own marks can often come up against ‘trade mark squatters’ who secure a registration before the brand owner, and who sometimes seek to sell it to the brand owner at significant cost.
Date: 23 Mar 2017
When assessing the value of buildings, property owners are quick to recognise the inherent worth in a physical asset such as premium floor space in a high rise or a prominent shopfront in a shopping centre.
Date: 15 Mar 2017
A recent decision of the Australian Trade Marks Office provides a timely reminder for Australian brand owners about the risks involved in choosing brands that incorporate elements commonly used to describe the goods or services sought to be protected.
Date: 28 Feb 2017
In pharmaceutical patent litigation, complex questions can arise about what type of conduct by a generic pharmaceutical company might amount to an infringement of a patentee’s right to exploit its own invention, provided by the Patents Act 1990 (Cth).
Curious case of the missing document: the importance of documentation in patent entitlement disputes
Date: 14 Feb 2017
When independent contractors are engaged to perform work, there are many reasons why their contracts should be carefully prepared. One of those reasons has been highlighted by a recent Federal Court of Australia decision on the subject of entitlement to a patent.