Intellectual Property Law Review: Practical Concerns

The emergence of new media and increased digitisation have changed the landscape of intellectual property, bringing forth fresh challenges in safeguarding these rights. Join our thought leaders in this focused seminar as they share the need-to-know of intellectual property law practice. Learn the essential strategies for successful trade mark applications, copyright licensing, use of expert witnesses, and managing the implications of A.I. on your clients’ I.P. rights and obligations. 

Tuesday, 26 March 2024
9:00am to 10:00am Trade Mark Registration and Protection: The Practical Issues
  • Comprehensive range of issues for considerations before filing a trade mark application 
  • Delve into the practical nuances of preparing a trade mark application 
  • Practical solutions for overcoming common objections raised by IP Australia 

Presented by Malcolm McBratney, Principal, McBratney Law; Recommended Intellectual Property Lawyer – Queensland, Doyle’s Guide 2023; Recommended Business & Commercial Lawyer – Queensland, Doyle’s Guide 2022

10:00am to 11:00am Copyright: Challenges and Opportunities
  • License agreements and implied licenses 
  • How do restraint of trade clauses and unfair contract terms affect copyright 
  • Navigating the changing landscape of intellectual property rights in new media 
  • Case Law: uncovering new media's impact on confidentiality issues 

Presented by Ben Thorn, Legal Practitioner Director, Xuveo Legal; Recommended Intellectual Property Lawyer – Queensland, Doyle’s Guide 2023; Deputy Chair of Privacy, Data, Technology and Intellectual Property Law Committee, Queensland Law Society

11:00am to 11:15am Break
11:15am to 12:15pm The Role of Intellectual Property in Artificial Intelligence
  • Ownership of copyright and patents generated by AI 
  • Infringing copyright by training and using AI models 
  • The legal position in Australia vs other key jurisdictions 
  • Cases and IP office decisions in Australia and internationally 
  • Opportunities for law reform 
  • How the AI and creative industries are responding to the issues 
  • IP provisions to include in contracts dealing with AI 

Presented by Simon Newcomb, Partner, Clayton Utz; Band 3 Lawyer, TMT: Information Technology, Chambers Asia-Pacific Guide 2023; Key Lawyer, IT and Telecoms, Legal 500 Australia and Nicole Steemson, Solicitor, Clayton Utz


Attend and earn 4 CPD units including: 
3 units in Substantive Law 
1 unit in Professional Skills 

This program is applicable to practitioners from all States & Territories


David Logan KC, Gibbs Chambers

Professional Skills
12:15pm to 1:15pm Practical Strategies for Engaging Expert Evidence in I.P. Proceedings
  • Understanding the utilisation of experts according to the Federal Court Rules 
  • Best practices for identifying, selecting and engaging with experts 
  • Use of joint experts and how to get the most out of conclaves and expert reports 
  • Comprehensive guidance on Court compliance and practical insights 

Presented by Ben Coogan, Partner, Thomson Geer


Mr. Malcolm McBratney, Principal, McBratney Law
A specialist in the areas of corporate, commercial and intellectual property, Malcolm has over 25 year’s experience working for some of Australia’s most prominent legal practices, assisting clients both domestically and internationally. Malcolm’s expertise includes technology and intellectual property law, corporate and commercial law, mergers and acquisitions and consumer and competition law. Malcolm regularly acts for overseas companies establishing in Australia as well as Australian companies expanding internationally. The Managing Intellectual Property Handbook describes Malcolm as “not only knowledgeable in the law, but [he] also grasps the commercial implications of any action, quickly.” Malcolm has also been recommended in Asia IP Profiles for his ‘expertise and responsiveness’ as well as his ‘fantastic client service’. Malcolm has also received recommendations from Best Lawyers in Australia in both Commercial and Intellectual Property Law, as well as in Doyle’s Guide for Intellectual Property.

Mr. Simon Newcomb, Partner, Clayton Utz
Simon advises on complex matters involving digital technologies. His legal expertise centres on technology procurement and contracts, telecommunications, intellectual property, privacy, data protection and cyber security. He has dual qualifications in law and computer science. Simon has a special interest in AI and leads the firm's working group on AI. He is also a member of the firm's national Cyber Security Board.

Mr. Ben Thorn, Legal Practitioner Director, Xuveo Legal
Ben Thorn is the founder and director of Xuveo Legal, a Brisbane-based commercial and IP law firm. He has over 15 years of experience in the intellectual property and commercial law fields and has represented clients from a diverse range of industries and sectors including creative industries, design, fashion, agriculture, information technology, manufacturing, education, not-for-profit and disability support services. Ben has been recognised alongside Xuveo Legal as a recommended lawyer in the Queensland Leading Intellectual Property Lawyers category of Doyle’s Guide. Ben is a member of the Queensland Law Society (QLS); the Intellectual Property Society of Australia and New Zealand (IPSANZ); and the .au Domain Administration (auDA). He is also a volunteer Member (2018-) and current Deputy Chair (2022-) of the QLS Privacy, Data, Technology and Intellectual Property Policy Committee. Ben holds a Bachelor of Laws with Honours, a Bachelor of Arts (Asian Studies) and a Graduate Diploma of Legal Practice from Griffith University. He is admitted as a solicitor of the Supreme Court of Queensland and the High Court of Australia.

Ms. Nicole Steemson, Solicitor, Clayton Utz
Nicole regularly advises clients on complex intellectual property, technology, privacy and cybersecurity issues, including large-scale procurements for the supply of cloud services, core applications and technology systems. Nicole also has a special interest and experience in AI.

Mr. Ben Coogan, Partner, Thomson Geer
Ben practices in all areas of intellectual property law including agreements and disputes, information technology, confidential information and privacy, competition and consumer law, and litigation and has over 25 years’ experience in legal practice. In addition to his intellectual property law experience, Ben is also an experienced practitioner in the area of defamation and media law. He has considerable specialist litigation and prosecution experience in patent, copyright, trade marks, designs, and confidential information matters. Ben's experience extends from acting locally in Queensland, to national and international matters. He also has broad experience across the Federal Court of Australia. Ben advises international and national clients on their intellectual property and technology related contracts (including technology development and outsourcing arrangements), technology and IP licensing, research collaborations, e-commerce, intellectual property procurement and supply agreements, and regulatory compliance issues. He has experience acting as the independent reviewer of companies' competition and consumer law compliance programs and reporting to the ACCC. Ben is a qualified mediator, and regularly acts as mediator in a variety of disputes. He also has experience in acting for clients and as an independent supervising solicitor in the execution of Anton Piller orders.


Intellectual Property Law Review: Practical Concerns


Morning Session
Tuesday, 26 March 2024
9:00am to 1:15pm Australia/Brisbane
CPD Points 4
Online 20240418 20240326


On Demand 20240418 20240326

On Demand