Intellectual Property Symposium
Be on the inside track of the critical IP dynamics of 2022. Pulse check your position and elevate your practice by attending this conference. With experts in the field you will untangle AI inventorship globally, IT contracts and software protection, IP due diligence and responding to letters of demand and court action. Investigate the protection of indigenous knowledge, unregistered trade marks and so much more. WEB223V18
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
Session 1
Trade Marks, Patents and Copyright Update
Chair: Susan Gatford, Barrister, Svenson Barristers; Recommended Intellectual Property Law Junior Counsel, Doyle’s Guide 2021
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Current State of the Law in Relation to Indigenous Knowledge
- Overview and issues with the existing legal framework for protecting Indigenous Knowledge
- Recent developments and proposals for further reform in Australia and abroad
- Extra-legislative approaches including access and benefit sharing and other commercialisation models
Presented by Kate Marshall, Head of KPMG Law Australia, KPMG; Best Lawyers 2022, Intellectual Property, Information Technology, Privacy and Data Security, Telecommunications Law; Recommended Non-Contentious Intellectual Property Lawyer and Recommended TMT Lawyer, Doyle’s Guide 2021and Rebecca Breadmore, Senior Consultant, KPMG Law
9.50am to 10.35am Google v Oracle and the Increasing Scope of Copyright Protection for Software
- Advising your clients on copyright protection for software
- What is the implication of Google v Oracle for Australian copyright law?
- Considerations for your IT contracts
Presented by Natasha Burns, Lawyer, Burns IP & Commercial
10.35am to 10.50am Morning Tea
10.50am to 11.35am Unregistered Trade Marks and the Consequences of Kraft v Bega
- What is goodwill?
- Property in unregistered trade marks
- Property in trade mark applications
- Licensing of unregistered trade marks
Presented by Alan Ford, Barrister, Patterson’s List
11.35am to 12.20pm Patent Oppositions: Practice Update
- Does the death of innovations patents mean a comeback for patent oppositions?
- Recent trends in Patent Office practice
- Appeals in a post Raising the Bar environment
Presented by Gavin Adkins, Principal, Griffith Hack
12.20pm to 1.05pm Invenio ergo sum? Machines, Persons, and Inventorship
- How did the issue of ‘machine inventors’ become such a hot topic?
- What is the current state of play around the world (US, UK, Europe, and South Africa)?
- A review of the decision in Thaler v Commissioner of Patents
- Progress of the Commissioner’s appeal to the Full Court
Presented by Dr Mark Summerfield, IP and Technology Consultant; Registered Patent Attorney
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
CPD Compulsory Units for IP Lawyers
Chair: Aaron Yates, Principal Lawyer, Davies Collison Cave; Best Lawyers 2022, Intellectual Property Law; Recommended Contentious Intellectual Property Lawyer, Doyle’s Guide 2021
Professional Skills
2.00pm to 3.00pm IP Due Diligence Investigations: Practical Considerations and Applications
- Defining the goals and parameters of an IP portfolio audit
- Using competitive intelligence to assess the validity and value of a third party’s IP rights
- Assessing risk across various situations such as acquisitions, freedom to operate, launches
Presented by Kristine van Ruiten, Trade Marks Attorney and Private Investigator, Novel IP
Practice Management & Business Skills
3.00pm to 4.00pm Responding to Letters of Demand and Dealing with Court Action
- Tips for tailoring approach to type of infringer and level of infringement
- Making and dealing with claims of innocent infringement
- Dealing with delays
- Offers of compromise
Presented by Georgina O’Farrell, Director, By George Legal; Best Lawyers 2022, Intellectual Property Law; Recommended Contentious Intellectual Property Lawyer, Doyle’s Guide 2021
4.00pm to 4.15pm Afternoon Tea
Ethics & Professional Responsibility
4.15pm to 5.15pm Ethics for Intellectual Property Lawyers
- Obligations and their sources
- Recent examples, case studies
- Some practical tips on managing conflict situations
Presented by Gautam Mukherji, Barrister, Greens List
Presenters
Susan Gatford
Susan 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. Her practice is principally in the Federal Court but she also appears in the Supreme Court and represents parties in IP Australia hearings. Susan has extensive experience acting for Australian and multinational corporations in the fashion, design, consumer, manufacturing, construction, entertainment, electronics, software, franchising, agricultural and biotechnology sectors. She is a member of the Victorian IPSANZ committee and the Deputy Chair of the Victorian Bar’s Alternative Dispute Resolution committee.
Kate Marshall
Kate Marshall is the Head of KPMG Law, the legal services arm of KPMG. The firm's model is to deliver high quality legal services as part of an integrated team, providing a holistic offering for clients. Kate leads a team of specialist technology, privacy and IP lawyers who work closely with the M&A and deals teams, the technology advisory teams, the cyber and forensic teams and the tax teams at KPMG. She advises on IP licensing and commercialisation, best practice, structuring and governance, as well as associated data and privacy related issues. Kate is currently and has been for many years recognised by Best Lawyers for Intellectual Property, Information Technology and Privacy and Data Security Law.
Rebecca Breadmore
Rebecca Breadmore joined KPMG Law in 2018 and advises on a broad range of commercial law issues across both the public and private sector. Rebecca assists clients to identify, manage and commercialise their intellectual property and advises on a broad range of collaboration and alliance-based arrangements, service agreements, technology licensing and assignment agreements for use of intellectual property and protection of confidential information across a range of sectors including life sciences, agri-business and research.
Natasha Burns
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 and Allens in Sydney.
Alan Ford
Alan practices in all areas of commercial and public law and is particularly interested in intellectual property and trade practices, corporations and securities, tax, public/administrative law and equity and trusts. He is a member of IPSANZ and the Commercial and Tax Bar Associations. Alan has acted in and advised on a range of complex matters, including intellectual property opposition and infringement matters, financial services compliance with Chapter 7 of the Corporations Act, constructive and resulting trust claims, resisting tax claims by the tax office, and migration issues. Alan is a headnote writer for LexisNexis Intellectual Property Reports.
Gavin Adkins
With experience as a prosecuting patent attorney and a technical background in chemistry, Gavin’s practice focuses on IP litigation and commercial legal advice. He assists clients with litigation raising issues in patents, designs, trade marks, the Australian Consumer Law, contractual disputes, domain names and copyright infringement. Gavin has been published in leading industry journals, written chapters in IP reference texts and received university prizes for his academic performance.
Dr Mark Summerfield
Mark is an IP and technology consultant and registered Australian Patent and Trade Marks Attorney. His interests include digital systems, information and communications technologies, and software development, applying machine learning techniques to the analysis of patent data. In 2018 Mark was engaged by IP Australia to apply some of these techniques in automating the production of the Intellectual Property Government Open Data (IPGOD) dataset, which comprises detailed information on over 100 years of IP rights administered by IP Australia. Mark operates the Patentology blog where he writes regularly on issues relating to innovation, patents, law and policy. He has lectured at La Trobe University, Monash University and is a Senior Fellow at the University of Melbourne.
Kristine van Ruiten
Kristine is a Trade Marks Attorney and has nearly 20 years’ experience conducting investigations and strategic research covering all aspects of intellectual property including trade marks, designs, patents, copyright, plant breeders rights, trade practices (misleading and deceptive conduct) passing off and trade secrets.
Georgina O’Farrell
Georgina established By George Legal in 2016 to offer high quality IP advice to individuals and businesses in the arts and creative industries, including fine arts, publishing, film and television, food and wine and digital media. She has been practising as a commercial / IP lawyer since 2003 in Australia and the UK. Georgina is a guest lecturer on managing creative content for University of Melbourne Masters of Art program and RMIT Bachelor of Fine Arts. She regularly provides pro bono legal advice to the Arts Law Centre of Australia and is a Director of Craft Victoria.
Gautam Mukherji
Gautam advises and acts in commercial and administrative law matters. His practice focuses on defamation and intellectual property law including trade marks, copyright, and designs and administrative law including FOI proceedings. He is experienced in corporations law including insolvency, corporate governance and compliance, regulatory issues and more general commercial litigation including contractual disputes, consumer disputes and estates disputes. Gautam has appeared in trials and applications in the Federal Court of Australia and the Supreme Court of Victoria and Western Australia (both as junior counsel and unled), as well as in the County and Magistrates’ Courts of Victoria, the VCAT and AAT. Gautam has also advised and represented individuals in ASIC and ACCC investigations.
Aaron Yates
Aaron is a principal lawyer in the Law Group at Davies Collison Cave’s Melbourne office and practises in intellectual property litigation. He has completed a Bachelor of Laws (with Honours) and Bachelor of Science (focussing on genetics and molecular biology) and has a particular interest in patent litigation and advice. Aaron has been involved in a number of patent, design and trade mark proceedings in the Federal Court and also has experience in patent opposition matters before the Australian Patent Office and providing commercial and strategic advice to local and international clients in a wide variety of fields in relation to, for example, pharmaceutical regulatory issues, anti-counterfeiting measures, online infringement issues, patent and design validity and infringement, labelling laws and copyright protection and infringement.