Intellectual Property Bulletin of Kochański Zięba Rapała & Partners

Do opposition proceedings in a European patent case have an impact on the Polish equivalent of this patent? 

On 9 June 2011 the Regional Administrative Court (WSA) rendered a judgment regarding the significant relationship of European patents granted by the European Patent Office and their Polish equivalents.

The said judgment was rendered in the following state of facts. One of the parties to the proceedings (a Polish company) filed with the Patent Office (PPO) for cancellation in whole on Polish territory of the European patent titled “The window and a set of isolation frame” granted by the decision of the European Patent Office (EPO) to the benefit of the Danish company. Thereafter, the Danish company, the patentee, filed for suspension of the proceedings on cancellation of the aforementioned patent on Polish territory on the grounds that the Polish company filed with the EPO an opposition against the decision on granting of the said patent and the result of those proceedings had a direct impact on the cancellation proceedings.

For the full bulletin, please click here.

Read full article

McDonald Hopkins Services and Industries Overview Brochure

Despite the complexity and uncertainty in the world today, our attorneys are focused on insightful legal solutions that help our clients strategically plan for an increasingly competitive future.

That is why we have an 80-year track record of counseling our clients through the most difficult times.

Read full article

Lommen Abdo’s News You Can Use

Lommen Abdo’s October/November 2011 e-newsletter is fresh off the virtual presses with news about:

  • Minneapolis’ Appellate Lawyer of the Year…Kay Nord Hunt.
  • Seminars hosted for closely held businesses and entertainment industry.
  • NLRB requires new postings.
  • Legislation changes patent priorities.
  • And it’s time to start thinking about Toys for Tots!

And there is a lot more news about Lommen Abdo and our clients. Please click here for more information.


Read full article

Life Sciences Update

Lessons from Wallace v Ramsay Health Care

By Jessica Kinny and Wendy Blacker of Gadens Lawyers, Sydney

A medical practitioner’s duty to warn their patient of the risks associated with a procedure is well known in the medical field and is supported by a clear and consistent line of authority[1].  Despite this, a common feature of medical malpractice is miscommunication with the patient.  read more


Read full article

Regulation & Compliance Update

KFS Regulations made and PPS commencement delayed

By Jon Denovan of Gadens Lawyers, Sydney

The Regulations for Home Loan Key Fact Sheets (KFS) were made on 1 September 2011.  Home loan lenders will generally need to provide KFSs from 1 January 2012.  In other news, it appears likely that the Personal Property Security Regime is likely to be postponed until 1 March 2012.  read more…


Read full article

Competition and Consumer Law Update

Competition and consumer news

By Merridy Woodroffe of Gadens Lawyers, Sydney

A week of interesting court decisions under the Competition and Consumer Act 2010 (Cth) (CCA).

  • Cartel whistleblower immunity does not necessarily confer anonymity
  • Narrow market definition stymies ACCC’s attempt to thwart Metcash bid for Franklins.  read more


Read full article

Life Sciences Update

‘Talk the talk, walk the walk’: warranty requirements under Australian Consumer Law

By Jessica Kinny and Wendy Blacker of Gadens Lawyers, Sydney

On 16 November 2010 the final Australian Consumer Law (ACL) regulations were published.  One of the key provisions of the ACL is section 54, which is a statutory guarantee of acceptable quality of a good or service enforceable against the suppliers and manufacturers of that good or service.  read more


Read full article

Corporate Risk & Insurance Update

Is there nobody to share HIH’s burden?

The final(?) chapter in the HIH Claims Support saga – HIH Claims Support v Insurance Australia Ltd [2011] HCA 31

By Ryan Lynch and Ray Giblett of Gadens Lawyers, Sydney

  • The High Court has delivered the final blow to HIH Claims Support’s long running contribution claim
  • ·           In rejecting the claim, the High Court confirmed the orthodox approach that the parties must share a ‘common burden’ read more


Read full article

Energy & Resources Update

ATO calls for submissions on new treatment of transfer farm-out arrangements

By Cameron Steele of Gadens Lawyers, Sydney

A draft tax ruling issued on Wednesday, 24 August 2011 signals a new approach by the Australian Taxation Office (ATO) for the tax treatment of deferred transfer farm-out arrangements.  The draft ruling follows an earlier draft ruling in relation to the less common immediate transfer farm-out arrangements.  read more…


Read full article

Financial Services Recovery Update

Mortgagee’s Duty of Care: Will the Court buy your defence to a claim of sale at undervalue?

By Amber Warren of Gadens Lawyers, Sydney

A recent amendment to the Conveyancing Act provides a timely reminder to mortgagees of the duty to be discharged when exercising power of sale.  read more…


Read full article