Trade Marks and Patents Conference 2020
Issues covered include: Chinese Trade Mark Update, new Chinese Trade Mark regulations, bad faith, hearings before Registrar of Trade Marks, Trade Mark ownership, Assignment of unregistered trade marks, unregistered assignments, evidence of first use and the Wayback machine, style name, difference between a style name and a trade mark, use of trade mark, trade mark remedies, ethics for trade mark attorneys, ethics for patent attorney, patentable subject matter, what is manner of manufacture, computer and/
Description
Hear from leading trade mark and patent practitioners about the hottest issues while gaining your CP/CPD points from in-depth presentations covering the latest cases, legislation, trends and best practices. Explore the ethical issues shaping the modern IP world. Protect your practice and your client’s IP through a practical cybersecurity workshop and take a deep dive into timely case studies
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
Session 1
Trade Marks Update and Developments
Chair: Andrew Wiseman, Partner, Allens; Leading Non-Contentious Intellectual Property Lawyer, Doyle’s Guide 2019
9:00am to 9:40am: Style Names: The Pointy Ends of Pinnacle v Triangl
- What is a style name?
- The difference between a style name and a trade mark
- Determining use ‘as a trade mark’
- Implications for businesses and trade mark owners
Presented by Sean McManis, Principal, Head of Trade Marks, Shelston IP
9.40am to 10.25am: Useful Tips for Practitioners Appearing Before the Registrar of Trade Marks
- Hear the ins and outs of the process from an experienced hearings officer
- How trade mark disputes are decided
- Common mistakes and issues: tips, traps and advice
- What are your options?
Presented by Nicholas Smith, Hearings Officer, Oppositions and Hearings, IP Australia
10.25am to 11.05am: Recent Issues in Trade Mark Ownership: A Case Law Update
- Registration of ownership not ownership by registration
- An intention to use at the priority date, but for what goods or service? And who is the user?
- Assignment of unregistered trade marks
- Unregistered assignments
- Evidence of first use and the Wayback machine
Presented by Sam Hallahan, Barrister, 5 Wentworth Chambers; Recommended Intellectual Property Junior Counsel, Doyle’s Guide 2020
11.05am to 11.15am Morning Tea
11.15am to 11.55am: INTERNATIONAL KEYNOTE SPEAKER: Chinese Trade Marks Update: Updates, New Issues, Avoiding Headaches
- New regulations you need to be across
- ‘Bad faith’ issues
- Timely update on the OEM issue
- Explore the latest cases and what they mean for your practice
- Major administrative developments
Presented by Sandra Gibbons, Consultant, Marks & Clerk, Hong Kong
11.55am to 12.15pm: Trade Marks: Remedies and Procedures Update
- The latest developments in remedies and procedures in trade mark disputes
- IP Australia oppositions and hearings, and in the courts
- Breaking news on important trade mark cases
Presented by Odette Gourley, Partner, Corrs Chambers Westgarth; Recommended Contentious Intellectual Property Lawyer, Doyle’s Guide 2019
Session 2
Patents Update
Chair: Ben Miller, Partner, Maddocks; Leading Contentious Intellectual Property Lawyer, Doyle’s Guide 2019
2.00pm to 3.00pm: Update on Patentable Subject Matter: Manner of Manufacture & Computer-implemented Inventions
- What is ‘manner of manufacture’ and why all the recent fuss?
- Case law update: Encompass, Rokt, Repipe & Tettman
- IP Australia’s present position
- Crystal-ball gazing: What is the future for computer and/or software patents?
Presented by James Lawrence, Partner, Mills Oakley; Recommended Contentious Intellectual Property Lawyer, Doyle’s Guide 2019
3.00pm to 3.15pm: Afternoon Tea
3.15pm to 3.45pm: Patents: Remedies and Procedures Update
- The latest developments in remedies and procedures in patent disputes
- IP Australia oppositions and hearings, and in the Courts
- Breaking news on important patent cases
Presented by Odette Gourley, Partner, Corrs Chambers Westgarth
3.45pm to 4.30pm: PRACTICAL WORKSHOP: Protecting Your Client’s Patents: A Cybersecurity Workshop
- How to protect highly sensitive client intellectual property
- Update on how cybersecurity threats are evolving
- How and why they can impact your IP practice
- What can you do to minimise cybersecurity threats in your IP practice?
- You’ve been hacked!! What to expect and what can you do
Presented by Jeremy Levy, Partner, Agmon & Co. Rosenberg Hacohen & Co.; Chief Operating Officer and Co-Founder, Witz Cybersecurity
4.30pm to 5.15pm: Calculation of Damages in Patent Infringement Cases
- The principles for compensation
- Bayer v Generic Health; Lundbeck v Sandoz
- Innocent infringement
- Establishing entitlement to additional damages
- The Court's approach to compensation payable under a usual undertaking as to damages
- Analysis of the Efexor case
Presented by Jane Owen, Partner, Bird & Bird; Recommended Contentious Intellectual Property Lawyer, Doyle’s Guide 2019