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.
- 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
- 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
Chair: Kathy Mytton, Senior Associate, Wrays
- 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
- 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
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
Chair: Lucy McGovern, Barrister, Ground Floor Wentworth Chambers
- 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
- 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
- What does the Code of Conduct and Guidelines require now?
- What are the likely future requirements?
- Are all clients the same?
- Acting on clients’ instructions
- Commercial conflict of interest-clarified by the Report?
- Some illustrative hypotheticals
Presented by Paul Whenman, Consulting Partner, FB Rice; IP Star 2023, Managing IP
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.
Paul Whenman, Consulting Partner, FB Rice
Paul Whenman is a consulting partner in our Sydney chemistry team. As a qualified patent attorney, Paul has had a distinguished career with the firm as managing partner for 10 years. Throughout his 37 years’ practice in FB Rice, he has gained significant experience in chemically related patents, including pharmaceuticals, animal health products, food technology, personal care products and alloys. Indeed a significant component of Paul’s practice relates to the interplay between the regulation of pharmaceuticals and animal health products and patent systems. Of particular relevance is the patent term extension regime in Australia and foreign jurisdictions. Commensurate with his deep understanding of patent law and chemical technologies, Paul regularly publishes articles offering opinions and insights into a variety of topics. With a significant international reputation, Paul has been recognized as an IP Star for patent prosecution in Managing Intellectual Property for a number of years, most recently in 2022. He is also listed by IAM as a Strategy 300 IP strategist 2022. As the importance of South East Asian markets have grown, Paul maintains a strong focus on IP developments in those countries as means of providing the best experience for clients. Within FB Rice, Paul has trained and mentored many attorneys. An important component of this training has been a focus on the ethical considerations relevant for attorneys and the conduct of an attorneys practice. The experience gained as managing partner and subsequently as life sciences practice group leader combined with the technical and legal foundations as a practicing attorney, have provided Paul with a significant depth of knowledge of relevance to all patent and trade mark attorneys. In reliance of this knowledge, IPTA invited Paul to deliver two presentations to its members on ethics in 2020-2021.
Odette Gourley, Partner, Corrs Chambers Westgarth
Odette Gourley is a leading intellectual property and regulatory lawyer in Australia, specialising in the pharmaceutical and life sciences sectors. She has extensive expertise in patents, trade marks, and regulatory compliance, and has been involved in landmark legal cases that have shaped Australian law. Odette provides insights into IP and advertising law, helping clients navigate complex regulatory environments. Her achievements reflect a deep commitment to advancing the legal landscape in her field.
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.