The idea of “property” isn’t very tough to figure out. Many people apply this simple formula: if you paid for a house, that’s your property. If you bought a car, that’s your property. The issue does get a little more complicated when you realize you don’t just own property because you paid for it. Sometimes you can create… Read More »
The Supreme Court of New South Wales has added weight to the push towards alternative dispute resolution in a recent decision that found that disputes involving questions of ownership of patents and patent applications do not fall exclusively within the province of the Commissioner of Patents or the Federal Court.
The Bolar Provision typically defines circumstances in which the proprietors of a patent are precluded from preventing third parties from performing acts which are otherwise protected by patent law. The Bolar provision originated in the United States, by virtue of the judgment Roche Products v Bolar Pharmaceuticals. This judgement had limited the scope of the ‘experimental use exemption’… Read More »