IP Fundamentals: Trade Marks and Copyright

Take a guided tour through some of the key fundamental issues in copyright law and trade mark essentials. You will take away an essential toolkit for protecting your trade marks on and offline including trade mark selection, clearance and registration. Gain insights on the Copyright Act and work through the ins and outs of copyright protections, trade secrets, infringement, copyright contracting, licensing and more.

Description

Attend and earn 6 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories

Session 1

IP Fundamentals: Trade Marks
Wednesday, 28 October 2020

Gain a practical understanding of trade mark essentials. Delve into trade mark selection, clearance and registration. Examine the pitfalls and practical strategies of trade mark law in both Australia & China. Consider how to assess and maximise the value of trade marks and IP portfolios generally. You will take away an essential toolkit for protecting your trade marks on and offline. Experienced IP lawyers will walk you through the key information and strategies you need when dealing with trade marks.

Chair: Nicola Scheepers, Principal, Griffith Hack

2.00pm to 2.45pm: Trade Mark Selection, Clearance and Registration

  • Trade mark selection: What is registrable? 
    • Types of trade marks
    • Distinctiveness
    • Prohibited/scandalous
    • Cultural considerations
    • Prior marks 
  • Trade mark clearance: Why perform a clearance search?
    • Identical screening search
    • Full availability search
    • Overseas reach
  • Trade mark ownership: application and maintenance considerations 
    • Filing the correct person/entity name
    • Assignments and licenses 
  • Trade mark registration: best protection and strategy
    • Goods and services
    • Black and white or colour
    • Series applications
    • Convention priority

Presented by Sally Foreman, Principal, Davies Collison Cave

2.45pm to 3.30pm: A Guide to Protecting Your Trade Marks Online

  • Online use examples, domain names, social media tags, meta tags
  • Differences between online and offline infringement
  • Challenges facing traders regarding online use
  • Case authority regarding online infringement
  • auDRP Disputes regarding the .au domain space

Presented by Sandy Zhang, Senior Associate, EAGLEGATE; Intellectual Property & TMT Rising Star, Doyle’s Guide 2018; Lawyers Weekly 30 Under 30 2018, Intellectual Property 

3.30pm to 3.40pm: Break

3.40pm to 4.25pm: Trade Mark Registration in China: Pitfalls and Practical Strategies

  • Relative advantages: Madrid Protocol vs direct filing
  • Benefits of registration
  • Common objections and how to avoid them
  • Timeframes and hidden costs
  • Overcoming conflicting trade marks and other objections: legal argument, non-use cancellation and letters of consent

Presented by Blake Knowles, Principal and Trade Mark Attorney, Spruson & Ferguson

4.25pm to 5.10pm: IP Valuation: How Understanding the Economic Value of Trade Marks Can Help Your Clients

  • Overview of the benefits of obtaining a valuation of trade mark portfolios, particularly in the context of COVID-19 crisis recovery
  • Insights into how the economic value of these assets can be determined
  • Importance of understanding the economic worth of brands in the context of litigation, transactions, setting strategic direction, capital raising and insolvency

Presented by Karen Hallenstein, Managing Principal, ipervescence

Register here for Session 1 only

Session 2

IP Fundamentals - Copyright
Thursday, 19 November 2020

Take a guided tour through some of the key fundamental issues in copyright law including how it’s attained, duration, international considerations and fair dealing issues. Gain insights into the world of copyright contracting, licensing, and commercialisation. Work through the ins and outs of copyright protections, trade secrets, infringement and more. Experienced intellectual property lawyers will walk you through the maze while providing step by step guidance.

Chair: Glenn McGowan QC, Partner & Chief Counsel, Gadens

9.00am to 10.00am: Introduction to Copyright Law

  • Definition of copyright
  • Copyright ‘Works’ and ‘Other Subject Matter’
  • How copyright is attained
  • Duration of copyright
  • International reach of copyright
  • Fair dealing exceptions

Presented by Shaun Miller, Principal, Shaun Miller Lawyers; 2020 Lawyer of the Year,Entertainment Law, Best Lawyers

10.00am to 11.00am: Copyright Contracting

  • A guide to licences, including: exclusivity, scope, interaction with legislative exceptions, statutory licences, creative commons licences
  • Commissions: ownership, use, warranties and remedies
  • Collaborations:  ownership arrangements and treatment of existing and future copyright
  • Understanding moral rights and performers' rights
  • Practical examples from creative industries including drafting tips

Presented by Janine Lapworth, Senior Consultant, Simpsons Solicitors

11.00am to 11.10am: Break

11.10am to 12.10pm: A Guide to Protecting Copyright, Confidential Information and Trade Secrets

  • Overview of protections under the Copyright Act
  • Spring boarding; protection of confidential information
  • Protecting trade secrets
  • Case study: software protections and how to save hundreds of thousands of dollars in a copyright infringement court case

Presented by Nicole Murdoch, Founding Director and Trade Mark Attorney, EAGLEGATE; Recommended Intellectual Property Lawyer, Doyle’s Guide 2020

Register here for Session 2 only

Presenters

Nicola Scheepers, Principal, Griffith Hack
With extensive experience both here and overseas, Nicola provides strategic advice on a wide range of trade mark issues for banking, FMCG, food service, fashion, pharmaceutical and SME clients. She’s renowned for her thoroughness, straightforward advice and in depth understanding of trade mark issues, particularly the varying requirements of different countries around the world.

Sally Foreman, Principal, Davies Collison Cave
Sally advises on all aspects of trade marks including, selection, searching, prosecution, opposition and infringement and related issues under the Trade Practices Act 1974 and passing off.  She has experience on all aspects of European trademark law and practice. Sally interest in International Registrations under the Madrid Protocol and Internet related issues and provides advice in relation to International Registration filing strategies and domain name registration and disputes.  She was a member of the 2007 auDA Names Policy Panel Review Committee and a member of the 2010 auDA New 2LDS Advisory Panel. Sally is a committee member of the Law Institute of Victoria IT/IP Committee and editor of the Internet Law Bulletin.

Sandy Zhang, Senior Associate, EAGLEGATE 
Sandy specialises in IP, commercial and competition law and dispute resolution. He acts for businesses and individuals who need to commercialise or protect their IP assets, including complex and cross border matters. Clients in digital and IT industries utilise his web programming background and understanding of IT and business to meet their IP and commercial legal needs. Sandy also supports foreign entities to transact business and protect their IP rights in Australia. Sandy is also an experienced litigator. He has both appeared personally and instructed counsel to appear in Australian and international courts over IP, commercial and competition law disputes.

Blake Knowles, Principal and Trade Mark Attorney, Spruson & Ferguson 
Blake specialises in trade mark due diligence, registration, oppositions and dispute resolution. He has acted on behalf of clients in relation to trade mark applications, oppositions and disputes in many countries. Blake held a number of positions at the Australian Trade Marks Office. He was a Principal Examiner of Trade Marks, and also Assistant Director of the Trade Marks Hearings and Oppositions section. At IP Australia, Blake was responsible for developing practice and procedure.  As a former Principal Examiner, Blake is an expert in Australian Trade Marks Office practice. Since commencing private practice, Blake has been successful in having over 100 examination decisions successfully reviewed, based on legal argument alone. 

Karen Hallenstein, Managing Principal, ipervescence
Karen is the Co-Founder and Managing Principal of new startup, ipervescence where she offers tailored intellectual property consulting and flexible resourcing.  Previously, Karen was an in-house lawyer at Telstra for 18 years, specialising in intellectual property, data governance and procurement.  She sits on the Law Institute’s IP&IT Committee and is part of the LIV’s mentoring program. In addition to a Masters of IP from the University of Melbourne, she has a BA, a BSc (Honours in psychology) and an LLB (with Honours) all from Monash University.  She is a graduate of the Australian Institute of Company Directors and a qualified LSV lifesaver.

Shaun Miller, Principal, Shaun Miller Lawyers
Shaun has specialised in film and entertainment law for over 20 years.  He has over 230 “legals” credits and over 35 “executive producer” credits which can be found on his IMDb profile.  He has a background working in film distribution and exhibition and is a Senior Fellow at the University of Melbourne within the Faculty of Fine Arts and Music. Shaun’s firm specialises in film and entertainment law. It acts for production companies that make film content. The firm provides legal services at each stage of film making including: development, financing, production, distribution and marketing stages.

Janine Lapworth, Senior Consultant, Simpsons Solicitors
Janine practices in the creative industries. She has worked in corporate, commercial, intellectual property, entertainment and litigation experience; gained at national and international law firms and in senior in-house legal positions at the Australian Broadcasting Corporation in Sydney and ESPN Star Sports in Singapore. She has enjoyed working with a wide range of clients based in Australia and overseas, including international studios, industry groups, technology start-ups and other creative businesses. She currently sits on the board of Australian Theatre for Young People.

Glenn McGowan QC, Partner & Chief Counsel, Gadens
Glenn has over 30 years’ experience almost exclusively in the superior and appellate courts.  He spent 27 years at the independent Bar, taking silk in 2004, before joining Gadens in 2015 as its inaugural Chief Counsel.  His practice is heavily dominated by large intellectual property cases (patents, trade marks, copyright, confidential information, trade practices and designs), mostly in the Federal Court, involving all areas of technology including chemistry, software, biotechnology, pharmaceuticals, engineering, polymers, etc.  Glenn is a qualified mediator and arbitrator. He also appears in and advises in general commercial disputes in all courts, briefed by Gadens and other firms.

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Issues covered include: Retail shop lease dispute, tenant, landlord, Retail Leases Act, QCAT, retail tenancy disputes, retail leasing, mediation, leasing disputes, combustible cladding, asbestos, tax, fitouts, depreciation, lease incentives, GST, commercial tenancies, market overview.

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In its 6th year, the Geelong 10 points in One day program offers insights from the industry front line practitioners. You don't have to travel to the CBD to gain updates of current topics and gain your compulsory CPD units. Attend the full program or choose the sessions most relevant to your practice.

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Issues covered include: Win and Retain more Clients, Stress Management, Privileged Evidence and Avoiding Inadvertent Waiver, Contract Disputes and Settlement of Litigation, Exclusion, Indemnity and Insurance Clauses, Insolvency Law Reform, Post-employment restraints, Property, Retail and Commercial Leasing.

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The vast majority of businesses in Australia are small businesses, so you better be prepared to provide up to date and expert advice when a small business client comes to you for help. That means being across the game changing developments stemming from the budget, the election and the Banking Royal Commission. Eleven experts working on small business advisory will give you the latest updates and cutting edge strategies on all of the key issues your small business clients will expect you to know.

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Issues covered include: immigration for business and investors, foreign investment, non-residents doing business, non-residents doing family business, owning a property, anti-money laundering, tax considerations and non-residents, estate planning, administration and sucession for migrations and foreign investors

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Issues covered include: exceeding expectations, plain English techniques, business acumen, resilience and wellbeing

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Issues covered include: Narcotic Drugs Act 1967, Medico Legal aspects, in-house counsel perspective, Courts, prescribing in the clinical setting

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Issues covered include: workplace discrimination, religious organisations, estate planning, crime, parenting, child support, parental rights

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Issues covered include: Technology, Blockchain, WayBack Evidence and Domain names, Directors liability, Quality and financial control, Ethics, manner of manufacture, Infringement, latests cases and developments.

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Issues covered include: Family court proceedings, Subpoena, Separation, Divorce, Family violence, Litigation, Evidence, New Redress Scheme, Child Safety Obligations, Royal Commission, Civil Claims for Institutional Abuse, Criminal Liability and Sexual Abuse, Child Safe Standards.

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Issues covered include: Financial Adviser Standards and Ethics Authority (FASEA) Update, TBAR, Royal Commission, Pension options, SMSF Deed, Superannuation contributions, non-concessional contributions, Transfer Balance Account, Super Death Benefits, Binding death benefit nominations, blended families, incapacity.

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Issues covered include: Enterprise value, Tax strategies, Pre-Sale Restructuring, Selling Business with Property, CGT exemptions, Concessions, Property structure, Business valuation methodologies, Preparing a Business for Sale, Equity transfer to family, Third party sale, tangible and intangible assets, Intellectual Property, Privacy and Data Protection, M & A Merger and Acquisition.

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2019 is a significant year for the retirement village and aged care sectors. The Royal Commission is shaking up the industry, elder abuse and tax law are changing, and there are big shifts in integration and funding issues. Plus the many risks in estate planning, capacity, technology and more. With so much unrest in the sector it’s now more crucial than ever to stay up to date with the latest developments. Equip yourself with the strategies necessary to handle these issues for you client or organisation.

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Issues covered include: Tenancy, tenants, franchise lesing, office sharing, subleases, Dispustes, Variation, Surrender provisions and Termination of Leases, remedies, defaults and damages, co-tenancy, covenants, breaches, insolvency, financial issues and risk, Outgoings, Guarantees, Insurance, Indemnities, Case and Legislative Update.

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Issues covered include: Supreme Court of New South Wales, Service of Notices in Probate, Affidavit of Service, Grants of Probate and Administration, Letters of administration on intestacy, Special and limited grants, Taxation, executor and trustees, stamp duty, foregin estate, income tax, Probate case update decisions.

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Issues covered include: Sexual Harassment, Bullying and Work Safety Claims by Independent Contractors, Fair Work Act and Work Health and Safety Act, Uber and the Point to Point Transport Industry, Sham contracting, who is a contractor, who is an employee.

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Issues covered include: Finance and Property proceedings, Dispute Resolution, Pre-nuptial and nuptial agreements, Family Law Settlements, Transfer of tax debt, Bankruptcy, Spouse Maintenance orders variation, post-separation contributions, Accrued Jurisdiction of the Family Court, Contravention applications, Arbitration.

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Issues covered include: National Redress Scheme, Vicarious Liability in Civil Liability Amendment (Organisational Child Abuse Liability) Act, Expert evidence, Royal Commission into Institutional Responses to Child Sexual Abuse, Medico-Legal.

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Issues covered include: Admissibility of expert evidence, High Court and Court of Criminal Appeal, Evidence Act, Admitted facts, Uncontested facts, Disclosure and Privilege, Tendency and Coincidence Evidence.

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Issues covered include: Statutory unconscionable conduct, Indemnities, Contract drafting, Incorporation of Contractual Terms, case law, Jeffrey Goldberger, Special Counsel, Norton Rose Fulbright.

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Issues covered include: Proposed Acquisition Notice, Powers of resumption, Assessments, Instructing Experts and Maximising Expert Evidence, Land valuation assessment and methods, partial acquistion, business valuation and compensation.

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Issues covered include: Phoenix business activities, tax case update, historical loans, unpaid present entitlements, small business restructuring, practical tax solutions for small business

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Issues covered include: wealth accumulation, property tax, insurance payment, cryptocurrency, client's marriage, separations, family and accounting, succession and estate plannning

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Issues covered include: intent, purpose, context and structure, practical problem solving, judicial review, repeal of statute

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Analyse decision making and reason writing and then work through an in depth, interactive workshop where the presenters will examine, dissect and reconstruct a decision in this unique, can’t-miss workshop.

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Issues covered include: 'Ultimate Consumer' test, heads of agreement, guarantees, assignment, special tenancy arragement, lease documents interpretation, breaches of lease, termination

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Facing family law issues in your school? We have a step by step guide to guide you. Dealing with child safety risks? We’re offering real world guidance from the legal, law enforcement and principal perspectives. Want all your questions answered? Our interactive panels are tailor made for you. And that’s just the start of what you’ll gain from this unique, can’t miss event.

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Issues covered include: capacity, unconscionable conduct, sexual issues, privacy, data security, convergence and seniors living

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Issues covered include: three way examination, inspections, defaults and penalties, case law

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Issues covered include: Trademarks, patents, parallel imports, protection of IP in China, policy register for IP Australia, patent remedies, patent drafting,

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Issues covered include: terrorism offences in Australia, prosecuting home grown terror plots, trends in terrorism, human exploitation

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Keep yourself updated on the psychology and the legal trends in psychological and psychiatric injury claims, including bystander PTSD claims. With claims on the rise, understanding both the medicine and the law is essential for all practitioners working in this area. Straddling the medical and legal worlds, this seminar offers a better understanding of how medical professions form their assessments and evaluate claims, and you will gain an update on the Work Accident and TAC claims.

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Issues covered include: third parties in family law disputes, problem solving, property settlements, family violence amendments, alternate dispute resolution

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Issues covered include: serving of notices in different types of probate proceedings, digital assets and the afterlife, probate litigation

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Issues covered include: Parents, legal disasters, Privacy law, mental and physical health of staff, misconduct, disability and discrimination obligations, race, sex and gender identity, children with physical and learning disabilities

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