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.

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.