Trade Marks and Patents Conference 2021

Hear from 8 eminent trade marks & patents practitioners and gain your Ethics CPE point all in 1 day. Spend the morning on assessing trade mark use, litigating trade marks, exploring recent trade mark appeals, & navigating the interplay between competition law & IP law. The afternoon includes an in-depth look at patents with insights into computer-implemented inventions and patent exhaustion, raising the bar claims regarding support and sufficiency, and patent injunctions and preliminary discovery. 215N06

Description

Attend the full day and earn 7 CPD/CPE units including:
6 CPD/CPE units in Substantive Law
1 CPD/CPE unit in Ethics and Professional Conduct

This program is applicable to practitioners from all States & Territories

 

Session 1

Trade Mark Assessment, Litigation & Appeals

Chair: Justine Beaumont, Barrister, Nigel Bowen Chambers; Best Lawyers 2022, Intellectual Property Law; Preeminent Technology, Media & Telecommunications Junior Counsel and Leading Intellectual Property Junior Counsel, Doyle’s Guide 2020

9.00am to 9.45am Advancements in Assessing Trade Mark Use

  • Recent remarkable developments in a concept of critical importance
  • Are owner’s rights being eroded or clarified?
  • Significant takeaways from recent cases

Presented by Sean McManis, Principal and Trade Marks Attorney, Shelston IP

9.45am to 10.30am Trade Marks Update: Procedural Issues and Litigation

  • Defensive trade marks: an analysis
  • Litigation funders: effect on trade mark infringement litigation
  • Are class actions in trade marks and IP imminent?
  • Latest practice in TMO and Court contested matters; impact of COVID-19
  • IP remedies developments: preliminary discovery, preliminary injunctions and final injunctions

Presented by Odette Gourley, Partner, Corrs Chambers Westgarth; Leading Contentious Intellectual Property Lawyer, Doyle’s Guide 2020; Best Lawyers 2021, Biotechnology Law, Intellectual Property Law, Litigation, Privacy and Data Security

10.30am to 10.45am Morning Tea

10.45am to 11.30am Trade Mark Appeals

  • Review recent trade mark appeals and consider their significance
  • Explore the practical takeaways that will impact your clients and your practice
  • Deduce any discernible trends in recent years

Presented by Lucy McGovern, Barrister, Tenth Floor Selborne Wentworth Chambers

11.30am to 12.15pm When Competition Law and IP Law Collide: Unwired Planet v Huawei

Case law review including the UK Supreme Court’s decision in Unwired Planet v Huawei

  • When is exercising an IP right going to raise competition issues?
  • Can competition issues be avoided?
  • What potential implications for practice follow from the UK Supreme Court’s decision in Unwired Planet v Huawei?

Presented by Andrew Fox, Barrister, 5 Wentworth Chambers; Leading Intellectual Property Junior Counsel, Doyle’s Guide 2020

Session 2

Ethics for Trade Marks and Patent Lawyers

Chair: Justine Beaumont, Barrister, Nigel Bowen Chambers; Best Lawyers 2022, Intellectual Property Law; Preeminent Technology, Media & Telecommunications Junior Counsel and Leading Intellectual Property Junior Counsel, Doyle’s Guide 2020

Mandatory Ethics or Professional Conduct CPE
12.15pm to 1.15pm Ethics: Code of Conduct for Trans-Tasman Patent and Trade Mark Attorneys

Cover the essential responsibilities and obligations arising from the Code of Conduct and guidelines to the Code.

  • Obligations of the Code of Conduct
  • Duties of candour and disclosure with clients in an increasingly incorporated landscape 
  • Conflicts of interests and processes for management
  • Copyright in specifications and ownership of files
  • Disciplinary proceedings

Presented by Fiona McNeil, Barrister, 5 Selborne Chambers

Session 3

Patent Exhaustion, Support & Sufficiency, and Injunctions & Discovery

Chair: Suzy Madar, Partner, King & Wood Mallesons

2.00pm to 3.00pm Computer-Implemented Inventions and Patent Exhaustion

  • Computer-implemented inventions and manner of manufacture: the current position
  • Patent exhaustion following Calidad v Seiko Epson

Presented by James Lawrence, Partner, Mills Oakley; Recommended Contentious Intellectual Property Lawyer, Doyle’s Guide 2020

3.00pm to 4.00pm Raising the Bar for Patent Claim Support and Sufficiency

  • Support and sufficiency of disclosure requirements by the Raising the Bar Act
  • Support and sufficiency in the United Kingdom and European Union
  • Merck Sharp & Dohme Corporation v Wyeth LLC (No 3) [2020] and the consideration of the support requirement by Justice Burley

Presented by Anna Spies, Barrister, 5 Wentworth Chambers; Recommended Intellectual Property Junior Counsel, Doyle’s Guide 2020

4.00pm to 4.15pm Afternoon Tea

4.15pm to 5.15pm Patent Injunctions and Preliminary Discovery

  • Patent injunctions: resisting preliminary and final injunctions
    • Landscape on resisting injunctions post Sigma v Wyeth
    • Scope of preliminary and final injunctions in method of treatment patents
    • Arguments for resisting final injunctions: (Wyeth v MSD
  • Seeking preliminary discovery on process patents

Presented by Jane Owen, Partner, Bird & Bird; Recommended Contentious Intellectual Property Lawyer, Doyle’s Guide 2020

Presenters

Sean McManis, Principal and Trade Marks Attorney, Shelston IP
Sean is a solicitor and registered trade mark attorney, with qualifications both in science and law. He has more than 25 years' experience as a trade marks attorney. He has worked principally in Australia, but has also worked in the United Kingdom. His practice extends to all aspects of trade mark related work, and a large part of his work involves brand clearance, the resolution of trade mark disputes and the enforcement of intellectual property rights..

Justine Beaumont, Barrister, Nigel Bowen Chambers
Justine has over 25 years of commercial litigation experience, with a particular focus on intellectual property. Since her call to the Bar in 2008, she has appeared in significant trade mark, patent and copyright cases particularly in the Federal Court, the High Court and the Copyright Tribunal for clients in a wide range of industries, including television, radio, print and online media, film, music, technology, telecommunications, pharmaceutical, manufacturing, consumer goods, sports and fitness industries, as well as Government. Her most recent international directories recognition include Chambers and Partners (Asia/Pacific and Global) 2021: Band 1 Intellectual Property Junior Counsel, Legal 500, 2021 and World Trade Mark Review, 2019.

Odette Gourley, Partner, Corrs Chambers Westgarth
Odette advises on and conducted litigation covering intellectual property, competition and consumer law, and regulatory law. Odette is also an expert on trade mark registration and portfolio management including clearance searches and advice, filing and prosecution of applications, portfolio management and oppositions. Across the full range of IP (patents, trade marks, copyright, designs, trade secrets, passing off etc), Odette has conducted major cases for leading companies in IP-driven sectors, including pharmaceutical, medical devices and biotechnology, high technology, fast moving consumer goods, food and beverages, manufacturing and services including media and communications, R&D, financial services, advertising and market research.

Lucy McGovern, Barrister, Tenth Floor Selborne Wentworth Chambers
Lucy was admitted to practice in 2010 and called to the Bar in 2016. Previously, Lucy was a solicitor at Minter Ellison in the Intellectual Property team. She has advised clients on a broad spectrum of intellectual property issues, including patent, copyright and trade mark infringement, comparative advertising, product recalls, parallel importation, domain name disputes, franchising and therapeutic goods regulations. She has worked as a solicitor for Westpac Banking Corporation and SingTel Optus. Lucy accepts briefs in a broad range of civil matters including commercial and equity, regulatory, intellectual property and consumer, financial services and taxation law.

Andrew Fox, Barrister, 5 Wentworth Chambers
Andrew came to the Bar in 2006 and specialises in intellectual property and commercial litigation. Prior to commencing at the Bar, Andrew practiced as a solicitor for 10 years including at Corrs Chambers Westgarth, and later as a partner at the specialist IP firm, Griffith Hack. Andrew appears regularly in intellectual property and commercial matters, principally in the Federal Court of Australia and in proceedings before IP Australia. He has also lectured in contract law and litigation in the Faculty of Law at the University of Sydney. Andrew is a member of the NSW Bar Association's Professional Conduct Committee No.3.

Suzy Madar, Partner, King & Wood Mallesons
Suzy specialises in commercial and regulatory disputes, with a focus on IP and technology. She focuses on technology disputes including IT, industrial inventions, fluid dynamics, biotechnology, pharmaceuticals, food products and medical devices. She has expertise advising on regulation of new technologies and public health issues (including in the context of the Covid-19 pandemic). Suzy advises clients on the enforcement of IP rights and defending allegations of infringement. She advises on commercial issues relating to IP. Suzy has represented clients in the Federal Court, Supreme Court and High Court as well as in Patent Office proceedings.

James Lawrence, Partner, Mills Oakley
James Lawrence is an experienced intellectual property (IP) advisor and litigator. He specialises in the management of IP disputes. James has been recognised by his peers having been listed for both IP and biotechnology law in the Best Lawyers directory, for contentious IP in Doyle’s Guide as well as being recommended for IP in The Legal 500 Asia Pacific. He is also identified a Leader in IP by the World Intellectual Property Review. James is the Editor of the Patents chapter in Halsbury's Laws of Australia and regularly publishes and presents on IP issues.

Anna Spies, Barrister, 5 Wentworth Chambers
Anna Spies is a barrister at 5 Wentworth Chambers. She was admitted in 2011 and called to the bar in 2016. Anna has a wide ranging practice, with a particular focus on advice and disputes in the areas of intellectual property, consumer, confidential information and media law. In 2018 to 2021, Anna was listed by Doyle’s Guide as a ‘Recommended’ junior counsel in NSW for Intellectual Property. Before coming to the bar, Anna was a Senior Associate in the King & Wood Mallesons' intellectual property litigation team and in 2012-2013, worked as the Associate to the Hon Justice Annabelle Bennett AC at the Federal Court of Australia. 

Jane Owen, Partner, Bird & Bird
As head of the Intellectual Property Group in Sydney Jane advises on complex patent litigation through to research and commercialisation structures. Jane’s specific focus is in the life sciences and higher education fields, in which she has over two decades of experience in all aspects of IP, including portfolio establishment, IP strategy, commercialisation and enforcement. Jane’s IP disputes experience covers complex patent infringement and revocation, trade mark and passing off, design infringement, disputes on ownership of IP, trademark and patent oppositions, re-examination requests and appeals from decisions of the Commissioner of Patents and the Registrar of Trade Marks

Venue

The Grace Hotel
77 York St
Sydney 2000
NSW
Australia

Map of The Grace Hotel

Plaza Parking is located beneath the hotel with its entrance on Clarence Street. There are limited car spaces and they are available on a first-in basis. Plaza Parking attendants can provide directions to alternative parking facilities nearby. Day rate  (Single Entry) for conference guests only and to be paid at Plaza Parking: $45.00 per car, per day. (Conference guest tickets must be validated at conference concierge on level 2). Other nearby parking is located on Kent Street and York Street.
 
Wynyard Station - Take the York Street exit. Head south on York St toward Erskine St. Turn right and continue onto York Street for 300 metres. At that point you will arrive at The Grace Sydney.

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Issues covered include: employment termination, contractors, single touch payroll, superannuation guarantee, payroll tax, FBT, expatriate tax overview, underpayment of wages, accessorial liability under the Fair Work Act

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Issues covered include: ALRC, discovery, financial proceedings, disclosure, companies, trusts, partnerships, deceased estate, alternative, restorative justice, mediation, mediator, successful family law practice, costs, billing, growth and development, domestic violence, family violence, trauma, protection orders, parenting orders, evidentiary rules, affidavits, parental alienation, ethics, ethical dilemmas

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Issues covered include: consumer data right, consumer law, ACCC, penalties, Royal Commission into the Financial Sector, employment law, mental health, whistleblowing, regulatory compliance

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Issues covered include: Consumer law, ACCC, consumer data right, ICT, IT contracts, privacy, employment, mental health, workplace investigation, unconscious bias

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Issues covered include: Consumer data right, big data, privacy, mandatory data breach reporting, GDPR, Banking Royal Commission, ACCC, consumer law, ACL, corporate social responsibility, modern slavery, ethics, mental health, practice management, workplace investigation

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Issues covered include: admissibility, advanced rulings, expert evidence, contracts, deeds, Royal Commissions, compulsory examinations, privilege, waiver, advocacy, interlocutory & urgent applications

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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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