IP Fundamentals Series 2022
Are you solving today’s problems with yesterday’s toolkit? Joints us for this IP Fundamental Series and ensure you are up to date for the year to come. Book individual sessions tailored to your unique needs, or the full series and save! WEB229N61
Description
Attend and earn 10 CPD units including:
8 units in Substantive Law
2 units in Professional Skills
This program is applicable to practitioners from all States & Territories
If you register for the full series as a live online product after the date of an individual session, you will be sent the recording for the sessions that have passed. Alternatively, you can register for individual sessions by following the links below.
Session 1
Friday 9 September 2022
IP Fundamentals: Copyright 2022
Are you solving today’s problems with yesterday’s toolkit? Leading IP practitioners will untangle the key issues in copyright law that will take your practice to new heights. Unscramble copyright risk areas using recent cases, investigate the intersect of copyright with designs. Learn the ropes of copyright in the context of non-fungible tokens, and so much more. WEB229N61A
Chair: Ben Hamilton, Partner, Hall & Wilcox; Best Lawyers 2023, Intellectual Property Law
9.00am to 9.45am Copyright Refresher and Update
- Copyright introduction and refresher
- At the protection phase
- At the enforcement phase – defences and remedies
- Some observations on copyright and trade marks including emergence of “Brand Jamming”
- Copyright risk areas from recent cases
Presented by Alison Jones, Special Counsel, Corrs Chambers Westgarth
9.45am to 10.30am The Design/Copyright Overlap: the State of Escape Decision
- History and purpose of the design/overlap provisions
- The current legislative regime
- The Full Court decision in State of Escape v Schwartz
Presented by Timothy Creek, Principal Lawyer, Davies Collison Cave; Best Lawyers 2023, Intellectual Property Law
10.30am to 10.45am Morning Tea
10.45am to 11.30am Intersection Between Non-Fungible Tokens and Copyright
- Non-Fungible Tokens (NFTs), Blockchain and Smart Contracts explained
- Copyright’s intersection with NFTs
- NFT use cases from a copyright perspective
- Copyright legal issues in the context of NFTs
Presented by Stephen Annicchiarico, Practice Leader (Intellectual Property), WRP Legal & Advisory; Lawyers Weekly 30 Under 30 Finalist; Intellectual Property, Financial Services; Australasian Lawyer Rising Stars 2022
11.30am to 12.15pm A Deep Dive on Copyrighting Software
- The subsistence of copyright in software; software as a literary work
- Ownership of copyright in software
- Infringement of copyright in software
- The Intersection between data and copyright
Presented by Stephanie Rowland, Partner, Allion Partners; Best Lawyers 2023 Lawyer of the Year, Intellectual Property Law; Recommended Intellectual Property & TMT Lawyer, Doyle’s Guide 2022
View the earlier program IP Fundamentals: Copyright 2022 by clicking here
Session 2
Thursday 20 October 2022
Trade Marks: Back to Basics
Unravel trade marks and catapult your career by attending this day packed with law, practice and procedure. Explore interesting cases and how trade marks interact with domain names and patents. Uncover overcoming IP Australia objections then dive into non-use and cancellations actions, trade marking for business including group assignments, licenses and sale of registered trade marks. Sharpen the blurred lines of oppositions practice and procedure, all delivered by leading experts. WEB2210N61BCZ
Trade Marks Explained
Chair: Joanna Lawrence, Partner, Ashurst; Best Lawyers 2023, Intellectual Property Law, Litigation
9.00am to 10.00am Trade Marks, Getting Back to Basics
- What can or can’t be trade marked
- Common objections raised by IP Australia and how to overcome objections
- How trade marks interact with other IP rights and domain names
- Intersection of the patents and trade marks
- How trade marks interact with domain Names and can be used to secure rights for au domain names
- Recent case law
Presented by Nicole Murdoch, Founding Director, EAGLEGATE; Trade Mark Attorney; Recommended Intellectual Property Lawyer, Doyle’s Guide 2022
10.00am to 11.00am The Concept of "Use as a Trade Mark" in Trade Marks Law
- Use in commerce
- Use in connection with good and/or services
- Use in Australia vs foreign use
- Use by licensees
- What does not constitute trade mark use
- Analysis of specific scenarios
Presented by Victoria Bell, Special Counsel, Baker McKenzie
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Trade Marks and Geographical Indications
- Differences between trade marks and geographical indications (GIs) and how they overlap
- How has the law relating to GIs been developed in Australia, with particular reference to Wines? This will include an examination of the litigation leading up to the EU and Australia Wine Treaty such as the Beaujolais litigation
- Cases concerning producers’ rights to use GIs in Australia, including the Coonawarra litigation; impact of the US and Australia FTA
- Examine the two main cases concerning conflicts between GIs and trade marks in Australia: the Rothbury wines case and the Great Western case
- Expected future developments in the International Treaties Australia has, and the laws which will implement them, such as the EU and Australia FTA (This is expected to widen the type of agricultural products covered by GI laws in Australia to products such as cheese)
Presented by Marianne Barker, Barrister and Nationally Accredited Mediator, Foley’s List
12.15pm to 1.15pm Trade Marks: Non-use and Cancellations Actions
- Grounds for removing a trade mark for non-use
- Defending a non-use application
- Grounds for amendment or cancellation of a trade mark
- Recent decision on non-use and cancellation of trade marks
Presented by Donna Short, Partner, Addisons; Recommended Non-Contentious Intellectual Property Lawyer, Doyle’s Guide 2022
Trade Marks in Practice
Chair: Glenn McGowan KC, Partner & Chief Counsel, Gadens; Recommended Contentious Intellectual Property Lawyer, Doyle’s Guide 2022
Professional Skills
2.00pm to 3.00pm Trade Marks: 'How to'
Take a really practical journey through the ‘how to’ in relation to a trade marks practice:
- Select which trade marks to register and how to deal with non-registered marks
- Sub-brands creation
- Tools to overcome rejection by the examiner
- Portfolio development and risk mitigation
- Requests for consent
- Group assignments
- Licenses and sale of registered trade marks
Presented by Melissa McGrath, Barrister, Nigel Bowen Chambers; Recommended Contentious Intellectual Property Lawyer, Doyle’s Guide 2021
Professional Skills
3.00pm to 4.00pm Trade Mark Oppositions: Getting the Practice and Procedure Right
- Opposition timeframes
- Preparing notices of opposition
- Selecting grounds of opposition
- Preparation of evidence
- Hearings
- Extensions of time
- Costs
- Appeals
Presented by Karen Mak, Barrister & Nationally Accredited Mediator, Svenson Barristers
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm Fixing Problems: Case Study in Minimising the Consequences of an Inadvertently Lapsed Right
- Missed deadlines, grace period, late fees and unintended loss of rights
- Covid extensions
- Extensions under s 224
- Other circumstances under s 44(3)(b) and informal information or other circumstances under s 41(4)(b)(iii)
- Take away key practical problem-solving skills that you can immediately apply in your practice
Presented by Hayley Tarr, Principal, Tarr Law; Lawyers Weekly Women in Law Awards 2021 Finalist