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Trade Marks and Patents Law and Practice

Protecting brands and patent is becoming more complex. Examine the issues that matter most to intellectual property lawyers, trade mark attorneys and patent attorneys. Gain practical and commercially focused guidance, knowledge and strategies you need to protect, manage and enforce trade marks and patents given reform internationally and new case law in Australia. Explore deceptive similarity following The Agency and Mercato, strategic lessons from landmark trade mark disputes, certification trade marks and geographical indications in the context of the Australia-EU Free Trade Agreement, AI-assisted trade mark searching, patent strategy, software and AI patentability and patent litigation developments.

Tuesday, 20 October 2026
Session 1: Trade Marks Strategy and Practice

Chair: Joanna Lawrence, Partner, Mills Oakley

10.00am to 11.00am Emerging Trade Mark Issues: Deceptive Similarity in the Light of The Agency and Mercato Cases
  • The Full Court's take on fancy and figurative marks
  • Stylisation an essential feature
  • The importance of distinctive elements
  • Trade Mark Office decisions since The Agency and Mercato cases

Presented by Margaret Ryan, Lawyer and Trade Marks Attorney, IP by Margaret; Contributor to The Laws of Australia and The Law Handbook

12.15pm to 1.15pm Brand Clearance, Trade Mark Searching and Risk Management: What Practitioners Need to Get Right Before Launch
  • Practical trade mark clearance strategies
  • Selecting and adopting new brands
  • Common searching mistakes that lead to disputes
  • Managing risk before launch
  • International searching considerations
  • AI-assisted searching and its limitations
  • Balancing commercial and legal considerations when advising clients
  • Practical lessons from clearance failures and enforcement matters

Presented by Vineetha Veerakumar, Principal, Head of Trade Marks, Wrays

2.00pm to 3.00pm Patent Strategy: Filing, Disclosure and International Protection
  • When to file
  • Securing patent rights prior to commercial launch
  • Disclosure and publication risks
  • Priority issues
  • International filing considerations

Presented by Robert Wulff, Principal, Griffith Hack

11.00am to 11.15am Break
4.15pm to 5.15pm Patentability Under Pressure: Manner of Manufacture, Support and Sufficiency in Prosecution and Disputes

Presented by James Lawrence, Partner, Addisons; Editor, Patents chapter, Halsbury’s Laws of Australia

Description

Attend and earn 7 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories

9.00am to 10.00am Trade Marks in Practice: Strategic Lessons from the Cases Every Practitioner Should Know
  • Positioning trade mark applications for success
  • What experienced practitioners do differently
  • Avoiding mistakes that undermine registration and enforcement
  • Building evidence from the outset
  • Managing opposition risk before disputes arise
  • Strategic lessons from Gallo (Barefoot), Winnebago and Katy Perry
  • How these decisions continue to influence filing, prosecution and enforcement strategy today

Presented by Odette Gourley, Partner, Corrs Chambers Westgarth; Legal 500 Asia-Pacific, Leading Individual Intellectual Property; Best Lawyers, Intellectual Property Law

3.00pm to 4.00pm Recalibrating Inventive Step and Novelty: Recent Case Law and Future Directions in the AI Era
  • As AI transforms the innovation landscape, are Australia's tests for novelty and inventive step keeping pace?
  • Recent Australian case law on inventive step and novelty
  • Strategic considerations when advancing or defending inventive step and novelty arguments in the Patent Office, at first instance, and on appeal
  • Whether the current doctrines remain fit for purpose in an era of AI-assisted invention
  • International developments

Presented by Phoebe Arcus, 5 Wentworth Chambers

4.00pm to 4.15pm Break
11.15am to 12.15pm Certification Trade Marks, Geographical Indications and the Australia-EU Free Trade Agreement
  • The Federal Court's first certification trade mark decision concerning geographical indications
  • Certification trade marks and geographical indications: understanding the distinction
  • Protection of regional names and products
  • The Australia-EU Free Trade Agreement and geographical indication obligations
  • Practical implications for Australian producers and brand owners
  • Risks for existing trade mark owners
  • Registration, enforcement and opposition considerations
  • Future developments practitioners should monitor

Presented by Dr Warwick Rothnie, Barrister, Emmerson Chambers; Senior Fellow, University of Melbourne, Lecturer in Intellectual Property Law

Session 2: Patents Intensive

Chair: Helen Macpherson, Executive Lawyer (Head of Australian Litigation), Pearce IP

Presenters

Phoebe Arcus SC, 5 Wentworth Chambers
Phoebe is an experienced trial and appellate advocate in commercial law. She specialises in patent and intellectual property law (copyright, trade marks, designs, confidential information), general commercial law, competition and consumer protection law and data protection and privacy law. She has a particular interest and expertise in cases where technology is involved. She also practices in alternative dispute resolution and arbitration and is a Member of the WIPO Arbitration and Mediation Centre's List of Neutrals. She regularly appears in the Federal Court of Australia, both at first instance and on appeal, and has appeared in leading cases in the High Court. She also appears in state courts, in the Federal Circuit Court, Administrative Appeals Tribunal, Australian Patent Office, the Copyright Tribunal of Australia, the Australian Trade Marks Office, and in arbitrations and mediations. Phoebe's standing has been recognised in Chambers and Partners Asia Guide, Best Lawyers, Legal 500, Doyle’s Guide and The World Trade Mark Review (WTR 100). She is described as "very easy to work with and a great option for IP cases", a "go-to barrister for trade marks" and as having "strong, strategic judgement, deep black-letter law skills in IP, and in particular patents, and extensive experience in patent litigation."

Dr Warwick Rothnie, Barrister, Emmerson Chambers, Senior Fellow, University of Melbourne
Dr Warwick Rothnie is one of Australia’s leading intellectual property barristers, with extensive experience advising and representing clients in complex IP and commercial disputes. Warwick has been consistently ranked in Doyle’s Guide, Legal 500 and Best Lawyers Australia for his expertise in intellectual property law. Practising from Emmerson Chambers in Melbourne, Warwick's expertise spans trade marks, patents, copyright, designs, confidential information, domain names, consumer protection and broader commercial law matters. He appears regularly in the Federal Court of Australia, appellate courts and intellectual property tribunals, acting in significant infringement, validity, opposition and ownership disputes. He is also a longstanding panelist for the World Intellectual Property Organization (WIPO) in domain name disputes and a respected academic, teaching intellectual property subjects at the University of Melbourne and Monash University. Warwick was called to the Victorian Bar in 2002, and was previously a partner in the intellectual property and trade practices group at Mallesons Stephen Jaques. He holds a Bachelor of Arts and Bachelor of Laws (Honours) from Monash University and a Doctor of Philosophy in Law from the University of London.

Robert Wulff, Principal, Griffith Hack
Robert is a Principal and Registered Patent Attorney at Griffith Hack. Based in Sydney and with more than three decades of experience advising organisations on the strategic protection, management and commercialisation of intellectual property, his practice focuses on patents, designs and broader IP strategy across chemical, process and mechanical engineering, applied chemistry and clean technology industries. He regularly works with clients in the building and construction, mining and resources, energy, water and waste treatment, packaging, manufacturing and agricultural technology sectors. Robert holds a Bachelor of Science (Chemistry) and a Bachelor of Chemical Engineering from the University of Sydney, as well as a Master of Science equivalent qualification in Chemical Engineering from the Royal Institute of Technology in Stockholm. He is a Registered Patent Attorney in Australia and New Zealand and a member of the Institute of Patent and Trade Mark Attorneys of Australia (IPTA). Recognised as a World Intellectual Property Review (WIPR) Leader from 2024 to 2026, Robert is widely respected for helping organisations develop commercially-focused IP strategies that align with business objectives and support innovation. His expertise spans patents, designs and the protection of emerging technologies, making him a trusted adviser to some of Australia's most innovative companies.

Joanna Lawrence, Partner, Mills Oakley
Joanna is a highly experienced IP lawyer who advises clients on contentious and non-contentious IP matters. Clients value her ability to combine deep technical expertise with strong sector knowledge and a client-focused approach to deliver smart, tailored advice. A trade mark specialist, Joanna assists clients with brand inception through to protection and enforcement, alongside advising about domain names, advertising compliance, copyright, designs and confidential information. She also brings expertise in the niche area of food and beverage law, advising clients across a broad spectrum of food safety, labelling and marketing matters. Joanna enjoys the opportunity to connect with clients at all levels. She has a strong commitment to Pro Bono work, assisting pro bono clients with trade marks, copyright, IP licensing and Indigenous IP matters. She also regularly provides training on topics including consumer law, advertising compliance, trade promotions, and food labelling and safety.


Vineetha Veerakumar, Principal, Head of Trade Marks, Wrays
Vineetha Veerakumar is a leading trade marks and brand protection lawyer with more than 15 years of experience advising clients on the protection, enforcement and commercialisation of brands across Australia, New Zealand and international markets. As Principal and Head of Trade Marks at Wrays, she works with Australian and global businesses to develop and implement strategic trade mark and brand protection programs that support long-term commercial growth. Vineetha’s practice encompasses all aspects of trade mark portfolio management, including brand clearance, registrations, oppositions, non-use actions, enforcement, product launches and advertising and marketing compliance. She advises some of the world’s leading brand owners across the technology, e-commerce, consumer goods, retail, entertainment, agrifoods, healthcare and pharmaceutical sectors. Bringing a unique blend of private practice and in-house experience, Vineetha previously served as IP Counsel for one of the world’s largest technology and e-commerce companies in the United States, providing her with a strong commercial understanding of the challenges faced by modern brand owners. Admitted to practise in New Zealand and Australia, Vineetha is an active contributor to the intellectual property profession through her involvement with IPSANZ and the International Trademark Association.

Helen Macpherson, Executive Lawyer (Head of Australian Litigation), Pearce IP
Helen has over 25 years’ experience as an intellectual property specialist and is recognised as an industry leader. Helen advises on all forms of intellectual property including patents, plant breeder’s rights, trade marks, copyright and confidential information. Throughout her career, Helen has maintained a strong focus on high-value patent mandates involving complex technologies. In these mandates, Helen has been able to draw upon her technical training in biochemistry and molecular biology, as well as her ability to up-skill swiftly in relation to diverse technologies. Helen’s patent work has encompassed the technical fields of inorganic, organic, physical and process chemistry, biochemistry, biotechnology (including genetics, molecular biology and virology) and physics. Helen has extensive experience advising clients on consumer law issues and disputes, specifically in the context of misleading and deceptive conduct disputes between competitors and with regulators and industry bodies regarding promotional campaigns. These consumer law issues include assisting clients in relation to compliance with the Food Standards Code Australia and New Zealand (FSANZ), such as labelling and packaging requirements. Helen is a member of the Intellectual Property Committee of the Law Council of Australia, as well as a member of the Intellectual Property Society of Australia and New Zealand.


Margaret Ryan, Lawyer and Trade Marks Attorney, IP by Margaret
Margaret Ryan is an experienced Australian solicitor, trade marks attorney and Principal of IP by Margaret, bringing more than 30 years of expertise in intellectual property law. Throughout her career, she has advised businesses, entrepreneurs and innovators on the protection, commercialisation and enforcement of valuable intellectual property assets, including trade marks, copyright, designs and confidential information. Known for her practical and client-focused approach, Margaret works closely with clients to develop tailored strategies that support their commercial objectives while protecting and maximising the value of their intellectual property. She is highly regarded for providing clear, frank advice, skilful negotiation and strategic representation in complex IP matters, as well as for her commitment to delivering personalised service and practical outcomes. Margaret graduated from the University of Sydney with a Bachelor of Arts and a Bachelor of Laws (Honours), receiving the prestigious University Medal in Law. In addition to her extensive legal practice, she has lectured and tutored in Intellectual Property Law at Victoria University and has contributed to leading legal publications, including The Laws of Australia and The Law Handbook. An active member of Australia’s intellectual property community, Margaret regularly speaks at industry seminars and contributes to professional development initiatives through her involvement with key legal and intellectual property organisations.

Odette Gourley, Partner, Corrs Chambers Westgarth
Odette has, for more than 20 years as a partner, advised on and conducted litigation covering intellectual property, competition and consumer law, and regulatory law. Odette is an expert on trade mark registration and portfolio management including clearance searches and advice, filing and prosecution of applications, portfolio management and oppositions. Across the full range of IP (patents, trade marks, copyright, designs, trade secrets, passing off etc), Odette has conducted major cases for leading companies in IP-driven sectors, including pharmaceutical, medical devices and biotechnology, high technology, fast moving consumer goods, food and beverages, manufacturing and services including media and communications, R&D, financial services, advertising and market research. Odette acts in significant competition and consumer law litigation including achieving a rare dismissal of ACCC anti-trust penalty and injunction proceedings in the marketing services industry. She advises on competition and consumer law compliance and training, clears advertising and marketing conduct, and acts in contested advertising and marketing disputes before industry bodies and the courts, relating to a wide range of goods and services. Odette is a part of the International Trademark Association Enforcement committee, an invited speaker at the Intellectual Property Society of Australia and New Zealand, and a panellist and chair at the Advertising Industry Jury.


James Lawrence, Partner, Addisons
James has extensive experience advising businesses on the protection, enforcement and commercialisation of intellectual property assets. As a Partner in Addisons’ Intellectual Property team, he specialises in managing complex IP disputes and advises clients across patents, trade marks, copyright, brand protection, trade secrets and portfolio management. James has developed a strong reputation as a leading adviser in contentious intellectual property matters, particularly patent litigation involving life sciences, biotechnology, electronics and high-technology industries. He regularly acts in significant patent infringement and revocation proceedings, trade mark disputes and copyright matters, helping clients navigate commercially critical and technically complex legal challenges. Before joining Addisons, James held partnership and senior roles at Mills Oakley, Piper Alderman, King & Wood Mallesons and Wragge & Co in London. He is also the editor of the Patents chapter in Halsbury’s Laws of Australia and is a frequent writer and presenter on intellectual property developments. James is consistently recognised by leading legal directories, including Best Lawyers, The Legal 500, Chambers & Partners, Doyle’s Guide and IAM Patent 1000, where he has been recognised among the world’s leading patent professionals since 2018.

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Trade Marks and Patents Law and Practice

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All Sessions
Tuesday, 20 October 2026
9.00am to 5.15pm Australia/Sydney
CPD Points 7
$795.00
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Morning Session
Tuesday, 20 October 2026
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
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Afternoon Session
Tuesday, 20 October 2026
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
$420.00
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