Intellectual Property Symposium
213V21: Catch up on recent developments and key issues for IP lawyers from the last 12 months. Gain insights on trade marks reputation and global protection, pertinent issues in copyright, patent oppositions, and how to build an IP strategy for your clients. Attend the full day and gain all your CPD compulsory units while exploring IP due diligence, data breaches, and your ethical obligations as an IP lawyer.
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
*We are currently offering in person registrations to 2021 Victorian events, however should Victorian government regulations not allow for this at the time of the event, your registration will automatically be transferred to live online.
Session 1
Intellectual Property Roundup 2021
Chair: Timothy Creek, Principal Lawyer, Davies Collison Cave Law
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Trade Marks Reputation, Prior Use and Honest Concurrent Use: Navigating Section 60 and Section 44
- When is a mark honestly adopted?
- When does reputation cause deception and confusion and when does it not?
- Strategies for overcoming the absence in the Act of a general prior or honest concurrent use exception
Presented by Susan Gatford, Barrister, Svenson Barristers; Recommended Intellectual Property Law Junior Counsel, Doyle’s Guide 2020
9.50am to 10.35am Tips for Global Trade Mark Protection
- Trade mark practice and procedure in the United States
- Trade mark practice and procedure in China
- When you should and shouldn’t use the Madrid System (International Register)
- Top 10 tips for global trade mark domination
Presented by Natasha Burns, Lawyer, Burns IP & Commercial
10.35am to 10.50am Morning Tea
10.50am to 11.35am Copyright Lessons from the Trenches
- Securing title to copyright and fixing before you issue proceedings
- Copyright in the ether? Are electronic pulses capable of embodying copyright?
- What is the asset? Does goodwill enter into it?
- In anticipation of copyright; future copyright problems
- Valuing the breach, measures for infringement quantum
Presented by Glenn McGowan QC, Partner and Chief Counsel, Gadens
11.35am to 12.20pm An Insider’s View of Patent Oppositions
- Use of oppositions and alternatives
- Developing persuasive evidence
- What works and what doesn’t work in patent oppositions
Presented by Rhys Munzel, Patent Attorney and Lawyer, FAL Lawyers; co-Chair, Intellectual Property / Information Technology Committee, Law Institute of Victoria
12.20pm to 1.05pm How an IP Strategy can Drive Success for your Clients
- What is an IP Strategy?
- Why is an IP strategy important?
- How do you build an IP strategy?
- Examples and case studies to illustrate IP strategy in action
Presented by Karen Hallenstein, Managing Principal, ipervescence
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
CPD Compulsory Units for IP Lawyers
Chair: Marianne Barker, Barrister, Foley’s List; Best Lawyers 2021, Intellectual Property Law
Professional Skills
2.00pm to 3.00pm Intellectual Property Due Diligence: What is it, and How Do You Do It?
- What is involved in an intellectual property due diligence?
- How do you carry out IP due diligence?
- How do you advise your client about IP due diligence?
- Tips for conducting, and traps to avoid in IP due diligence
Presented by Frank Di Giantomasso, Principal, Knightsbridge Lawyers
Ethics & Professional Responsibility
3.00pm to 4.00pm Ethics for Intellectual Property Lawyers
- Your obligations to act ethically
- Recent examples that illustrate the importance of keeping ethical obligations front of mind including:
- External lawyers and in-house lawyers working together
- Privilege and in-house lawyers
Presented by Meagan Ryan, Senior Legal Counsel (Commercial and Intellectual Property), Bega Cheese Limited; co-Chair, Intellectual Property / Information Technology Committee, Law Institute of Victoria
4.00pm to 4.15pm Afternoon Tea
Practice Management & Business Skills
4.15pm to 5.15pm Data Breaches: How to Respond, Notify and Remedy
- What is a data breach? Access or disclosure without authorisation
- Most common forms of data breach
- Obligations under the Privacy Act 1988 to notify of data breach
- Preparing for and responding to a data breach
- Ways to avoid a data breach
- Exposure from a data breach; litigation and reputational damage
Presented by Peter Clarke, Barrister, Meldrum and Hyland List
Presenters
Timothy Creek, Principal Lawyer, Davies Collison Cave Law
Timothy's practice involves contentious and non-contentious intellectual property law matters, with a focus on commercialisation of intellectual property rights. His non-contentious practice includes the preparation and negotiation of commercial agreements for all IP and related rights, including commercialisation, assignment, licensing and confidentiality agreements. Tim has represented clients in patent, trade mark and design infringement and revocation proceedings, copyright infringement and breach of confidence matters. He regularly advises clients on general commercial matters, consumer protection and trade practices matters as well as intellectual property rights and their enforcement.
Susan Gatford, Barrister, Svenson Barristers
Susan Gatford is an experienced commercial advocate with a strong intellectual property practice. She has appeared in a wide range of patent, trade mark, trade practices, copyright and designs trials and appeals, as well as in numerous interlocutory hearings. She also appears in corporate, contractual, franchising and general commercial trials, principally in the Federal Court but also in the Supreme Court and represents parties in IP Australia hearings as well. she has extensive experience acting for Australian and multinational corporations in the fashion, design, consumer, manufacturing, construction, entertainment, electronics, software, franchising, agricultural and biotechnology sectors.
Natasha Burns, Lawyer, Burns IP & Commercial
Natasha is an Australian and United States qualified attorney 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. In 2013, Natasha opened her own firm, Burns IP & Commercial Pty Ltd (Burns IP) in Melbourne, Australia after working for Allens and Abelman, Frayne & Schwab in New York. She provides boutique intellectual property services to clients in a broad range of industries.
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, trademarks, 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.
Rhys Munzel, Patent Attorney and Lawyer, FAL Lawyers
Rhys has advises on technology commercialisation, IP ownership and infringement, IT procurement, employment law, and general contracts. He has assisted to establish research entities and technology startups and has advised Government departments and small businesses. He is well versed in patentability opinion work and has expertise in patent opposition procedures. As a patent attorney Rhys has used his technical background in chemical engineering to assist clients in diverse areas such as medical diagnostic devices, building and construction devices, bulk transport, and biomedical devices. He has assisted various clients to file, prosecute and manage their patents.
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.
Marianne Barker, Barrister, Foley’s List
Marianne practices in all areas of intellectual property, trade practices, general commercial law and sports law. Her practice has encompassed appeals, trials and various types of interlocutory applications for orders including injunctions, civil search and seizure orders and contempt orders. Her clients in the trade marks area have included Rolex, Gap, Nike, Valentino, Caterpillar, Treasury Wines and Christian Dior. She has also acted in copyright and design matters for clients such as Autodesk, Musidor and Spotlight Stores. Marianne is a Nationally Accredited Mediator since 2012. She was admitted in Victoria in 1985 and signed the Bar Roll in 1992.
Frank Di Giantomasso, Principal, Knightsbridge Lawyers
Frank is registered as a patent attorney in Australia and New Zealand. He has practised almost exclusively in intellectual property law since 1984, mainly in the fields of chemical, pharmaceutical and biotechnology patents and in trade mark law. In addition to his professional practice within Knightsbridge, Frank is also an Adjunct Senior Lecturer in the Faculty of Medicine at Monash University.
Meagan Ryan, Senior Legal Counsel (Commercial and Intellectual Property), Bega Cheese Limited
Meagan is an intellectual property lawyer with a particular interest in trade marks. Working in-house at Bega Cheese Limited she is fortunate to work with iconic brands such as VEGEMITE. Meagan has dual undergraduate degrees of Law and Biomedical Science, and a Master of Laws (Intellectual Property and Information Law) from King's College London. Meagan’s previously worked at MinterEllison and KPMG Law. She is currently the Co-Chair of the Law Institute of Victoria's Intellectual Property / Information Technology Committee.
Peter Clarke, Barrister, Meldrum and Hyland List
Peter was previously a solicitor in both government and private practice where he specialised in health law, in particular medical negligence claims and issues. At the Bar he has developed a broad commercial litigation practice in all jurisdictions, in particular corporations and insolvency law. He practices primarily in the County, Supreme and Federal Courts. His practice also involves defamation and privacy law. He is very interested in internet legal issues. He writes regularly, on his web site, on commercial and insolvency judgments and on privacy law issues.
Venue
RACV City Club
Level 2, 501 Bourke St
Melbourne 3000
VIC
Australia
Parking Information
Parking is not included in your registration. Here are some options below.
RACV City Club Car Park. Click here to view rates
Directions
Nearby Public Transport:Tram Stations - William/Bourke St or Queen/Bourke StBus Interchange - Little Collins St or Supreme Court