Green Drinks Pty Ltd engaged an innovative engineer named Bratislav in their research and...

Question

Green Drinks Pty Ltd engaged an innovative engineer named Bratislav in their research and development department to develop advances in beverage techniques. Bratislav developed a new process of filtration for the drinks that cuts the production process time in half. Green Drinks are excited about this advance as the process does not affect the flavour or quality of the green energy drinks and has solved an industry wide challenge to reduce the time for the production of the energy drinks. Currently, the system has only been disclosed to the directors of Green Drinks and Bratislav and his assistant. The process will give Green Drinks a competitive advantage in the industry.
Green Drinks seeks your advice as to what they have to prove to protect this process with a standard patent under the Patent Act 1990 (Cth) or whether they should keep the process confidential as a trade secret? Discuss with reference to relevant statutes and case law.
[15 marks]
Question 2
Jason Block is an importer and exporter of movies. He stared a video hire and retail shop under the name “Block’s video.” He used a rectangular device with the name Block in yellow letters on a blue background and the complete rectangular device is to be outlined in yellow. This colour choice came from his marketing adviser who stated that blue and yellow were the most distinctive colours. Two months after the started the retail shop, he received a letter from Blockbuster advising that his logo, name and colours infringed the registered trade marks of Block Buster Video Pty Ltd. In addition, Block Buster Video stated that he is passing off his video shop as a block buster video shop by the use of the name “Block” and the colours blue and yellow.
Advice Jason:

Does his logo infringe the trade mark?
Does he have any defences to the action for trade mark infringement?
Has he passed off his goods as Block Buster’s?

005_q8uo9zk-crp05m0r.docx

David · Accepted Answer

Patents and trademarks 1 
 
Running Head: PATENTS AND TRADEMARKS.
Patents and trademarks 
Name 
Institution 
Patents and trademarks 2 
 
Question one no of words 521  
According to the patent act 1990 (cth)
1
, an invention is a novel if on comparison 
with previous art base or if it is not a novel on the basis of the following information that is 
to be considered from a separate viewpoint; the previous art information is publicly made 
available through a single action or single document, this however is not applicable to 
previous art information contained within a single specification that is in either two of more  
acts that are related where this relationship is such that a person who is skilled in the 
appropriate art is predisposed to take them as information that is derived from a single 
source. Previous art information apart from one mentioned above is made openly available 
in either two or more documents that are related.   
An invention is accepted as an inventive step in case it is compared with previous art 
base or unless the invention is an obvious one to a person who is skilled in a relevant art 
through the application of general knowledge available in the patent at a time before the date 
of making the priority claim. This consideration is to be made on the basis of the knowledge 
being separate or includes a piece of previous art information or combination of more pieces 
of previous art information. The skilled person should before the priority date ascertain, 
regarded as relevant, understood and for a combination of information, the skilled person 
should combine such information. 
In reference to the act, a creation is to draw in an innovative step if examined with 
previous art this is however different unless such an invention according to a person who is 
skilled in a relevant art using common knowledge as the creation was present in the patent 
                                                           
1
The patens act 1990 act No. 83 was applied in answering the question. Chapter one and two was use in 
answering the questions. This act has gone a number of amendments having been prepared in 27
th
 march 
2007.   
Patents and trademarks 3 
 
area way before the antecedence date of such a claim varying only from the information in 
existence making minimal offering to the application of the creation. The information that is 
to exist includes;

Green Drinks Pty Ltd engaged an innovative engineer named Bratislav in their research and development department to develop advances in beverage techniques. Bratislav developed a new process of...

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