Intellectual Property Law

This conference is essential for anyone seeking to stay up-to-date on the latest trends and developments in I.P. law. Explore the impact of emerging technologies and learn how to build a business case for I.P. commercialisation. Gain insights into the complexities surrounding confidentiality matters and acquire the best practice for achieving dispute and litigation success. Do not miss this opportunity to expand your knowledge and gain all your core CPD points tailored to the needs of Intellectual Property practitioners. WEB243V25Z

Thursday, 21 March 2024
Session 1: Intellectual Property Updates: Navigating Copyright, A.I. and Trade Marks

Chair: Judith Miller, Principal & National Practice Group Leader – Commercial, Wrays

12.15pm to 1.15pm International Trade Mark Registration: United States Trademark Practice

How you can assist your clients to file their trade marks in the United States:

  • Rules for foreign-domiciled applicants: What you can and cannot do for your clients
  • Trademark searching using the new USPTO search tools
  • Recap on filing basis and registration basis
  • Using the Madrid Protocol to file in the United States
  • Helping your clients prepare specimens

Presented by Natasha Burns, Partner and Head of Trade Mark, Allens

11.15am to 12.15pm Going Green: Green Trade Marks and the Risks of Greenwashing

Consumer demand for sustainable goods and services is forcing business to go ‘green’.

Goods and services are increasingly being promoted based on their environmental impact, where environmentally friendly words such as ‘eco’, ‘green’, ‘sustainable’, ‘biodegradable’ and ‘compostable’ are becoming commonplace in the market. 

  • Risks of greenwashing under consumer law
  • Impact of ‘going green’ on trade marks and certification marks
  • The decision of ACCC v Woolworths Group and its implications
  • ACCC’s guidance on greenwashing
  • Overseas legal and regulatory trends in relation to greenwashing
  • Best practice when making any green or environmentally friendly claims or trade marks

Presented by Rachelle Downie, Special Counsel, Corrs Chambers Westgarth

Professional Skills
2.00pm to 3.00pm Confidential Information and s 183 of the Corporations Act, Elements and Recent Developments
  • The elements of the cause of action of breach of confidence
  • Overlap and points of difference with s 183 of the Corporations Act 2001(Cth)
  • Analysing the implications of New Aim Pty Ltd v Leung [2023] FCAFC 67
  • Best practice for appropriate communications with expert witnesses

Presented by Justin Wheelahan, Barrister, Emmerson Chambers

Practice Management & Business Skills
3.00pm to 4.00pm Case Management and Best Practice in IP Disputes and Litigation

The Federal Court has always focused practitioners’ attention on the quick and cost-efficient running of intellectual property litigation at an early stage of proceedings. These matters are gaining more attention given the increasing length and complexity of cases being heard by the Court, particularly in patent litigation. In this session, you will explore:

  • Best practice for the conduct of IP disputes, even before they become litigious, to reduce time, complexity and cost
  • Matters to consider prior to the first case management hearing
  • The expectations of the Court, particularly in relation to the management of complex patent litigation and the cooperation of parties’ representatives to reduce costs, complexity and delay

Presented by Rebecca Pereira, Special Counsel, Minter Ellison

11.00am to 11.15am Break
4.00pm to 4.14pm Afternoon Tea
Description

Attend and earn 7 CPD units including:
4 units in Substantive Law
1 unit in Ethics & Professional Responsibility
1 unit in Practice Management & Business Skills
1 unit in Professional Skills

This program is applicable to practitioners from all States & Territories

9.00am to 10.00am Campaigntrack: Authorisation of Copyright Infringement and the High Court
  • Comprehensive exploration of the High Court's ruling in Real Estate Tool Box Pty Ltd v Campaigntrack Pty Ltd
  • Section 36(1) of the Copyright Act 1968 (Cth)
  • Copyright and authorisation issues moving forward

Presented by Warwick Rothnie, Barrister, Emmerson Chambers; Preeminent Intellectual Property Law Junior Counsel – Victoria, Doyle’s Guide 2023

10.00am to 11.00am Generative AI and Copyright: Computerised Creativity, or Programmed Pastiche?
  • How are generative AI systems trained and run?
  • Use of copyright works in machine learning training processes
  • The nature of an AI 'model', and the copyright considerations that flow from that
  • Risks associated with generated output, and the contractual steps vendors are taking to address those issues

Presented by Daniel Kiley, Partner, HWLE; Leading Intellectual Property Lawyer – South Australia, Doyle’s Guide 2023; Leading Technology, Media & Telecommunications Lawyers – South Australia, Doyle’s Guide 2023

Ethics & Professional Responsibility
4.15pm to 5.15pm Duty of Care and Ethical Considerations for Online Content Creators
  • Setting the scene:
    • An overview of the difference between fair use and transformative works
    • A summary of what constitutes ‘original content’ and ownership issues
  • Who is responsible for:
    • Harm caused to the public from the consumption of online content
    • Harm experienced by content creators from online exposure
  • Balancing ethical boundaries and drive for innovation

Presented by Alan Ford, Barrister, Owen Dixon Chambers West and James Penny, Barrister, Chapman's List

Session 2: Ethics, Professional Skills and Practice Management

Chair: Bronwyn Furse, Partner, Thomson Geer

Presenters


Ms. Bronwyn Furse, Partner, Thomson Geer
Bronwyn Furse is a commercial lawyer with specialist expertise in the areas of privacy, data protection and cybersecurity, and intellectual property amongst others. Her practice traverses public and private industry sectors including financial services, government, health, health tech and other technology providers, manufacturing, automotive, higher education, health, manufacturing, energy and resources, from start-ups through to multinational groups. Working with multinational groups means Bronwyn's work involves complex cross border work, and understanding of relationships between various local and offshore privacy regimes. In relation to privacy, data protection and cybersecurity she routinely provides advisory services, manages data breaches, complaints and investigations, assists with contractual negotiations, develops compliance frameworks, undertakes audits, conducts privacy impact assessments, and delivers tailored training. Bronwyn is on the Australia and New Zealand advisory board for the International Association of Privacy Professionals, as well as the Licensing Executives Society. She is routinely recognised by her peers as one of the Best Lawyers in Australia in the areas of Privacy and Data Security Law, Intellectual Property Law and Franchise Law, and in Doyle’s Guide as a recommended lawyer in the areas of Intellectual Property and in Technology, Media & Telecommunications Law.


Judith Miller, Principal & National Practice Group Leader – Commercial, Wrays
Judith Miller specialises in commercial and intellectual property law. She has more than 25 years' experience in advising on all aspects of the management and commercialisation of IP and is the firm's Commercial National Practice Leader. Judith has worked with a range of clients across a variety of industries (with a particular focus on the research and development sector), predominantly for IP and content owners, frequently advising those clients on the management, exploitation and protection of their rights in old and new media. She advises clients on the full range of commercial transactions. These include joint ventures, strategic alliances, collaboration and partnering arrangements, supply chain and logistics agreements, reward schemes and acquisition and supply terms. She also advises local and international businesses on the establishment of regional and national franchise systems, and provides strategic advice to established operations. Judith has also worked on a broad range of technology and sourcing matters, including procurement, development agreements, hosting and outsourcing arrangements, software maintenance and hardware supply and support agreements.,


Warwick Rothnie, Barrister, Emmerson Chambers
Warwick Rothnie is a barrister practising in all aspects of intellectual property law and, generally, commercial law; appearing mainly in the federal courts and before IP Australia. Prior to coming to the Bar, he was a partner in the intellectual property and telecommunications group at (then) Mallesons Stephen Jaques. He is a contributing author to Lahore, Lindgren and Rothnie, Copyright and Designs and, since 2013, the specialist contributor to Lahore's Patents, Trade Marks and Related Rights on patent validity. Warwick is a Senior Fellow at the University of Melbourne having taught Patents Law and, most recently, Design Law and Practice. He is one of WIPO's UDRP panelists and blogs at ipwars.com. His memberships include the Law Council of Australia's Intellectual Property Committee, IPSANZ, AIPPI Australia and the Copyright Society of Australia.


Ms. Natasha Burns, Partner and Head of Trade Mark, Allens
Natasha Burns is an Australian and United States qualified lawyer with over 20 years of experience in IP practice. She has managed several thousand trade mark prosecution, opposition and cancellation matters on behalf of domestic and international clients as well as appeared before the courts of Australia and New York. Natasha Burns is a partner of Allens Patent and Trade Mark Attorneys and the head of the trade mark team at Allens. Prior to Allens, Natasha was a partner at a leading New York IP firm and was responsible for the management of large-scale trade mark portfolios for some of the world’s leading companies. Upon returning to Melbourne, Natasha ran her own boutique IP firm developing a streamlined and modern practice for the prosecution of trade marks, designs and patents, before returning back to Allens to lead the trade mark team.


Rebecca Pereira, Special Counsel, MinterEllison
Rebecca is a specialised intellectual property lawyer with 15 years' experience in managing complex disputes, particularly complex patent litigation. She has strong industry experience in the life sciences sector, with a focus on pharmaceuticals, biopharmaceuticals, biotechnology and medical devices. Rebecca has acted in numerous advisory and contentious trade mark and consumer law disputes, including misleading and deceptive conduct and passing off litigation in the Federal Court. Rebecca is also an experienced commercial lawyer with front-end experience drafting and negotiating commercialisation agreements, IP licences and confidentiality agreements. In addition to her legal qualifications, Rebecca has a Bachelor of Science, majoring in Pharmacology and Biochemistry & Molecular Biology, and a Masters in Intellectual Property Law. She is a member of the Victorian and the Trans-National Committees of IPSANZ and is a member of AIPPI. Rebecca was named as a Rising Star in Managing Intellectual Property's IP Stars in 2019, 2022 and 2023.


Justin Wheelahan, Barrister, Emmerson Chambers
Justin accepts briefs to advise and litigate in all aspects of intellectual property law, such as copyright, trade mark, design, and patent infringement matters, and breach of confidence, passing off, and ACL disputes — including injunctions and mediations. Justin has a Masters of Law (IP) with first class honours from Monash University, and is a contributing author to Lahore’s Trade Marks, Patents and Confidential Information and Related Rights published by LexisNexis. Justin also has a broad practice across general commercial matters, and public, regulatory and administrative law. Justin’s general commercial practice includes disputes involving contracts, equity, unconscionable conduct, misleading and deceptive conduct, and breaches of employees duties under s182 and s183 of the Corporations Act. He also regularly advises and appears in defamation proceedings, injurious falsehood claims, and Open Courts Act related matters. Justin has a background in running jury trials. He is an experienced cross-examiner for whom the rules of evidence have become second nature. Justin has acted for corporations, company directors and professionals in a range of quasi-criminal regulatory matters before disciplinary tribunals and courts, and in the review jurisdiction of the AAT and VCAT. His public and administrative law practice extends to judicial review and appellate matters. Justin appeared as junior counsel in the High Court in Minister for Home Affairs v FRX17 (2020) 270 CLR 302, Frugtniet v ASIC (2019) 266 CLR 250, and Clayton v The Queen (2006) 231 ALR 500. Justin is a former member of the Victorian Bar Council, Ethics Committee, and co-editor of the Victorian Bar News. *Liability limited by a scheme approved under Professional Standards legislation.


Alan Ford, Barrister, Owen Dixon Chambers West
Alan practices in all areas of commercial and public law and is particularly interested in intellectual property and trade practices, corporations and securities, tax, public/administrative law and equity and trusts. He is a member of the Intellectual Property Society of Australia and New Zealand (IPSANZ), and the Commercial and Tax Bar Associations. Alan has acted in and advised on a range of complex matters, including intellectual property opposition and infringement matters, financial services compliance with Chapter 7 of the Corporations Act, constructive and resulting trust claims, resisting tax claims by the tax office, and migration issues. He enjoys strategic and complex problem-solving and encourages early briefing to save time and cost. To this end, Alan is happy to have early discussions with solicitors before being briefed. Outside his practice, he has a Master of Intellectual Property Law and is currently studying a Master of Laws at the University of Melbourne and is also a headnote writer for LexisNexis Intellectual Property Reports.


Rachelle Downie, Special Counsel, Corrs Chambers Westgarth
Rachelle Downie is an experienced IP litigator, with significant experience in high-profile, complex intellectual property disputes. Rachelle acts across a range of sectors and technologies including pharmaceuticals and biologics, consumer goods, complementary medicines, devices, mining and other technology. She regularly acts in patent and trade mark proceedings before the Federal and Full Federal Court of Australia, including acting in contested interlocutory injunctions. She has particular expertise in the pharmaceutical / life sciences sector, where her legal expertise is complemented by her knowledge and experience as a pharmacist. Rachelle has a strong reputation for her work in patent litigation and is experienced in working with clients to develop IP enforcement and defensive strategies. Rachelle currently acts for a number of globally recognised clients across a range of industries, where her practice includes advising clients in relation to trade mark and brand protection, copyright and confidential information. Rachelle is a member of the Institute of Patent and Trade Mark Attorneys of Australia (IPTA), the Intellectual Property Society of Australia and New Zealand (IPSANZ) and the International Association for the Protection of Intellectual Property (AIPPI).


Daniel Kiley, Partner, HWLE
Daniel is a partner in HWL Ebsworth Lawyers' corporate and commercial team, specialising in intellectual property, IT and privacy. In addition to his legal experience, Daniel holds a Bachelor of Mathematical and Computer Sciences, and has previously worked in the IT industry for an ASX-listed software consulting firm. Daniel is recognised by Doyle’s Guide as a leading lawyer in respect of both Intellectual Property Law and Technology, Media and Telecommunications Law.


Mr. James Penny, Barrister, Chapman’s List Barristers
James has a broad commercial litigation and administrative law practice with significant trial experience, appearing led and unled in lengthy hearings involving multiple witnesses, advising (both led and unled) in a wide range of commercial disputes, merits reviews and judicial reviews. He regularly acts for ASX listed companies and major insurance companies. James has appeared led and unled in the Court of Appeal and Supreme Court.

WEB243V25Z

Intellectual Property Law

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All Sessions
Thursday, 21 March 2024
9.00am to 5.15pm Australia/Sydney
CPD Points 7
$795.00
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Morning Session
Thursday, 21 March 2024
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
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Afternoon Session
Thursday, 21 March 2024
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
$420.00
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