Trade Marks Conference

Join us for a comprehensive review of Australian trade marks law in this full-day seminar. Elevate your legal understanding by analysing key developments and comparing court reasonings in Australia and New Zealand. Learn effective strategies for managing trade mark infringement, and dive into the nuances of establishing distinction and deceptive similarity. Stay ahead with the freshest insights into IP commercialisation and strategic considerations for utilising new technologies.

Wednesday, 19 June 2024
Early Bird discount ends 10 May 2024 $556.50
9.00am to 10.00am Staying Ahead: Key Takeaways from Latest Precedents and Current Trends

 

  • Review the most recent court decisions and case updates in intellectual property law, with valuable insights into the evolving legal landscape
  • Gain a thorough understanding of key rulings, precedents, and emerging trends that will shape the year ahead

Presented by Odette Gourley, Partner, Corrs Chambers Westgarth; Leading Contentious Intellectual Property Lawyer – NSW, Doyle’s Guide 2023; Recommended Non-Contentious Intellectual Property Lawyer – NSW, Doyle’s Guide 2023; Intellectual Property Hall of Fame, Legal 500 Australia

10.00am to 11.00am Establishing Distinctions: Comparing the Decisions of Zuru New Zealand v Lego and Self Care v Allergan

 

  • Analysis of Zuru New Zealand Limited & Anor v Lego Juris A/S
  • Key reasonings made by the NZ Court and how they are different from those in Self Care v Allergan
  • Implications of the NZ decision on Australian trade mark law
  • To what extent are Australian authorities influential in New Zealand cases?

Presented by Lynne Lewis, Partner, Lewis Integrated Legal; Recommended Non-Contentious Intellectual Property Lawyer – NSW, Doyle’s Guide 2023; Key Lawyer, Intellectual Property, Legal 500 Australia

11.00am to 11.15am Morning Tea
Session 2: IP Commercialisation and Legal Trends in New Technologies


Chair: 
Kathy Mytton, Senior Associate, Wrays

2.00pm to 3.00pm IP Commercialisation Strategy from Ideas to Market

 

  • Understanding the “how-to” of commercialising intellectual property
  • Identifying key issues for effective risk preparation and mitigation
  • Strategies for protecting trade mark and brand identity
  • Lessons from Big Mac v Big Jack

Presented by Jason Sprague, Partner, Bartier Perry

3.00pm to 4.00pm Intersection of AI, Emerging Technologies, and Trade Marks: Legal Implications and Strategic Considerations

 

  • IP Australia’s new guidance on classifying emerging technology trade marks
  • Legal issues and implications with AI-generated trade marks
  • Leveraging blockchain technology for trade mark protection

Presented by Rebekah Gay, Partner, Herbert Smith Freehills; Recommended Contentious and Non-Contentious Intellectual Property Lawyer – NSW, Doyle's Guide 2023

4.00pm to 4.15pm Afternoon Tea
Description

Attend and earn 7 CPD units including:
6 units in Substantive Law
1 unit in Ethics & Professional Responsibility

This program is applicable to practitioners from all States & Territories

Session 1: Key Precedents, Trade Mark Infringement, and Deceptive Similarity


Chair: 
Lucy McGovern, Barrister, Ground Floor Wentworth Chambers

11.15am to 12.15pm Strategies for Defending Claims of Trade Mark Infringement

 

  • Statutory defences to trade mark infringement
  • Defensive cross-claims
  • What to consider when you receive a letter of demand

Presented by Sam Hallahan, Barrister, 5 Wentworth Chambers; Recommended Intellectual Property Junior Counsel – NSW, Doyle's Guide 2023

12.15pm to 1.15pm Full Court’s Analysis of Deceptive Similarity: The Agency Group Australia Ltd V H.A.S. Real Estate Pty Ltd [2023] FCAFC 203

 

  • The registered mark’s scope
  • Aural use v visual use
  • Consequence of use by others of an element of the registered mark

Presented by Garen Holopikian, Senior Trade Mark Attorney, MinterEllison

Session 3: Ethical Considerations for Trade Mark and Patent Attorneys
Ethics and Professional Responsibility
4.15pm to 5.15pm Exploring Ethical Boundaries: Navigating Complexities in Legal Practice


Navigate the vast landscape of ethical considerations in the legal realm with insights that unravel the myriad challenges attorneys may encounter. Discover key strategies to avoid potential pitfalls and enhance the effectiveness of your legal practice.

Presented by 

Presenters


Lynne Lewis, Partner, Integrated Legal
Lynne is an experienced and respected advisor in the area of intellectual property. She is particularly recognised for her work in trade marks, patents, copyright, breach of confidence and advertising litigation. Lynne specialises in litigation and commercial advice across a broad range of industries including, pharmaceutical; biotechnology; medical devices; fast moving consumer goods; automotive; aviation; fashion; food and beverages; financial services; energy and resources; and telecommunications industries.


Sam Hallahan, Barrister, 5 Wentworth Chambers
Sam Hallahan is experienced in commercial litigation, with particular expertise in Intellectual Property. Before coming to the Bar, Sam practised as a solicitor for 7 years in Intellectual Property and general commercial litigation, where his work included matters for large pharmaceutical and commercial clients. At the Bar, Sam has appeared in first instance and appeal proceedings in the Federal Court of Australia, and in the Federal Circuit Court, the Supreme Court of New South Wales, the Local Court of New South Wales, the New South Wales Civil and Administrative Tribunal (NCAT), and in trade mark, patent and design proceedings at IP Australia. Sam has been listed by Doyle’s Guide as “Leading Intellectual Property Law Junior Counsel – New South Wales” each year since 2020.


Lucy McGovern, Barrister, Ground Floor Wentworth Chambers
Lucy McGovern was admitted to practice in 2010 and called to the Bar in 2016. Before coming to the Bar, Lucy was a solicitor at Minter Ellison in the Intellectual Property team. She has advised clients on a broad spectrum of intellectual property issues, including patent, copyright and trade mark infringement, comparative advertising, product recalls, parallel importation, domain name disputes, franchising and therapeutic goods regulations. She has worked as a solicitor for Westpac Banking Corporation and SingTel Optus. Lucy accepts briefs in a broad range of civil matters including commercial and equity, regulatory, intellectual property and consumer, financial services and taxation law.


Odette Gourley, Partner, Corrs Chambers Westgarth
Odette is one of Australia’s foremost intellectual property and regulatory lawyers with special knowledge and experience in the pharmaceutical and life sciences industries. Odette is an expert across the full range of IP including patents, trade marks, copyright, registered designs and trade secrets. In regulatory and advertising and marketing law her expertise include the Competition and Consumer Act, regulation for TGA, PBS, NHA, APVMA, AICIS, FSANZ, Gene Technology, Biosecurity, cosmetics, FOI including industry ethical and advertising codes for a wide range of products. Odette has acted in notable cases that have changed the law. In patents, Odette acted for AstraZeneca (Hassle) in successfully defending the validity of a drug formulation patent and that case is now a leading authority on the standard for obviousness under Australian law. In administrative law, the decision in the Roche case on scheduling of over the counter medicines resulted in revision of the statutory provisions. In trademarks, Odette acted for Gallo in the High Court, now the leading authority on the nature of trade mark use, and for Winnebago in the Federal Court recovering the brand for the American owner after 30 years of unauthorised use. The Winnebago case established the principle of user pays damages for IP infringement under Australian law which are recoverable even where damages on a lost sales basis are not available nor an account of profits. In the Johnson & Johnson v Unilever case in the Federal Court, Odette successfully defended the methodology adopted for consumer in use testing to support comparative advertising claims. With her deep experience in all aspects of IP, regulatory and advertising and marketing law, Odette is able to provide illuminating insights in relation to recent developments and future trends.


Jason Sprague, Partner, Bartier Perry
Jason Sprague is a commercial, corporate and intellectual property lawyer with more than 20 years' experience in mergers and acquisitions; business structuring; intellectual property commercialisation and protection; information technology development, licensing and procurement; and a range of cross-border transactions. Jason has a wealth of experience in advising SME businesses, large multinational organisations and government agencies. He has worked with Australian and international companies across a range of industries including manufacturing, biotechnology, retail, FMCG, IT, fashion, transport, professional services, and construction and infrastructure. Given his diverse sector experience and understanding, Jason is well placed to provide commercially pragmatic advice, and he works hard to find creative solutions that help meet his clients’ objectives across the full lifecycle of their business.


Garen Holopikian, Senior Trade Mark Attorney, MinterEllison
Garen specialises in trade registration work and has over 25 years’ experience in the area. He has been involved in all aspects of trade mark registration work in Australia and overseas. In particular, Garen is experienced in filing and prosecuting trade mark applications including preparing evidence; conducting trade mark opposition and removal for non-use proceedings including preparing evidence and appearing at Hearings; and providing strategic advice to clients. He has acted and continues to act for local and multinational clients. Garen’s past experience includes working for more than a decade at Allens where he was a senior member of the trade marks team.


Kathy Mytton, Senior Associate, Wrays
Kathy is a Senior Associate in the Trade Marks team at Wrays, one of Australia’s oldest and pre-eminent Intellectual Property firms. Before joining Wrays, she worked in the trade mark groups of two other well-known Australian specialist IP firms. With over 25 years’ experience in the trade marks field, Kathy works with clients ranging from startups to SMEs to globally recognized multinationals across a broad range of industries. She specializes in the development and management of her clients’ trade mark portfolios and her work spans the selection, clearance, filing, prosecution and enforcement of these valuable business assets. Kathy has a Diploma in Law (LPAB) and was admitted as a Solicitor in 1997 and is also a registered Trade Marks Attorney and Notary Public.

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Trade Marks Conference

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DELIVERY MODE BELOW

All Sessions
Wednesday, 19 June 2024
9.00am to 5.15pm Australia/Sydney
CPD Points 7
7
$795.00
Early Bird Discount ends 10 May 2024 $556.50
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Session One
Wednesday, 19 June 2024
9.00am to 1.15pm Australia/Sydney
CPD Points 4
4
$505.00
Early Bird Discount ends 10 May 2024 $353.50
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Session Two
Wednesday, 19 June 2024
2.00pm to 4.15pm Australia/Sydney
CPD Points 2
2
$305.00
Early Bird Discount ends 10 May 2024 $213.50
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On Demand 20240422 20240619

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Session Three
Wednesday, 19 June 2024
4.15pm to 5.15pm Australia/Sydney
CPD Points 1
1
$160.00
Early Bird Discount ends 10 May 2024 $112.00
Face to Face 20240422 20240619

Face to Face

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Online 20240422 20240619

Online

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On Demand 20240422 20240619

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Venue
Cliftons - Margaret St, Level 13

Level 13, 60 Margaret Street, Sydney

Directions

Closest Train Stations: Wynyard (100m) and Martin Place (700m)

Closest Bus Interchange: Clarence Street (170m)

Ferries: Circular Quay (1.2km)

Parking Information

Parking not included with registration. Possible options:

Met Centre, Jamison St -  Click here for rates

Amora Hotel - Click here for rates

Secure Park 20 Bond St - Click here for rates