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At-a-glance: IP Australia Discovery House, 47 Bowes Street, Phillip ACT 2606 Mailing address: PO Box 200, Woden, ACT 2606 Tel: +61 2 6283 2999, Fax: +61 2 6283 7999 Email: assist@ipaustralia.gov.au Website: www.ipaustralia.gov.au The Raising... [more]

The Raising the Bar reforms to Australia's IP laws finally come into force on April 15. The new law raises the standard required for patent grant, so in theory, while it should be harder to get a patent, those that do should receive stronger protections.

After April 15, the requirements to meet the inventive step requirement will now be assessed against global common general knowledge (CGK), rather than just CGK in Australia. The new standards should help rights holders obtain patent protection overseas, benefiting exporters.

In addition, Raising the Bar allows for additional damages for trade mark infringement, allowing IP owners to be compensated beyond the actual loss suffered as a result of the infringement.

Procedural changes are also welcomed. Disputes often took more than two years to be resolved and practitioners hope the reforms will significantly lessen the procedure by which disputes are resolved at the trade mark office level. For the first time, disputes arising out of trade marks and designs can be heard before the Federal Magistrates Court, rather than just the Federal Court, which should reduce the costs involved in enforcement matters.

In the saga of Apple v Samsung, the case returned to the Federal Court of Australia in February 2013 and a two-judge panel has been appointed to hear the trial at first instance. This is the first time the Federal Court has appointed a two judge-panel, with Justice Annabelle Bennett and Justice David Yates. This novel approach indicates the importance, and perhaps the size and complexity of the matter. The case is expected to run throughout the year.

On the market front, the swathe of mergers and new entrants into Australia continues unabated. Allens Arthur Robinson changed its name to Allens after it announced a tie-up with UK-headquartered magic circle firm Linklaters. Freehills merged with another UK firm, Herbert Smith, becoming Herbert Smith Freehills, while the patent department split away to become Freehills Patent Attorneys. Middletons merged with US law firm K&L Gates.

While many are left reeling from the bombardment of new marketing material from the firms, most clients have noticed little difference in the day-to-day management of their portfolios. A few international clients see the potential in having their worldwide needs provided by one service provider. At the same time, the consolidated market also increases the potential of more conflicts of interest, but many sophisticated clients say they will rely on their existing network.