Trade Marks and Patents Conference
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.
Description
Hear from leading trade mark and patent practitioners about the hottest issues while gaining your CPE points from in-depth presentations covering the latest cases, legislation, trends and best practices.
Attend and earn 7 CPD units including:
6 units in Substantive Law
1 unit in Ethics & Professional Responsibility
This conference was recorded in NSW on 29 May 2019
Session 1
Trade Marks Update
Chair: Julie Robb, Partner, Banki Haddock Fiora
9.00am to 9.40am: Trade Marks and Blockchain: Technology Update
- Explanation of the technology
- Update on recent developments in this space
- How Trade Marks have been impacted so far
- Update on proposals to move the Trade Mark register to blockchain
Presented by Michael Bacina, Partner, Piper Alderman
9.40am to 10.20am: Trade Marks, WayBack Evidence and Domain Names
- WayBack evidence
- Treatment, admissibility and strategies going forward
- Domain names
- Considerations surrounding domain name transfers and licence revocations in intellectual property proceedings
Presented by Shauna Ross, Barrister, Nigel Bowen Chambers
10.20am to 10.35am Morning Tea
10.35am to 11.15am: Deceptive Similarity in Unusual Markets, Infringement of Shape Trade Marks and Directors' Liability
- The complexities of a ‘straightforward’ trade mark case: Clipsal Australia Pty Ltd v Clipso Electrical Pty Ltd – hear from the solicitor for the applicants
- Analysis of the legal findings and their application in later cases
- Search orders, contempt proceedings and other sub-plots along the way
Presented by Julie Robb, Partner, Banki Haddock Fiora
11.15am to 12.15pm: Authorised Use and Control for Valid Trade Marks
- Quality control and financial control: avoiding risks of losing your trade mark
- Getting it right in a single corporate group and arm’s length third party arrangements
- Guidance from recent cases: Trident Seafoods Corporation v Trident Foods Pty Limited [2018] FCA 1490; Dunlop Aircraft Tyres Limited v The Goodyear Tire & Rubber Company [2018] FCA 1014
- Practical tips for licensing arrangements and use control guidelines
Trade Mark Case Update
- Hot cases and issues that might head to the High Court
- Procedural and remedial developments to give your clients the edge in disputes
- Winners and losers in recent trade mark disputes
Presented by Odette Gourley, Partner, Alison Jones, Senior Associate, Corrs Chambers Westgarth
Session 2
Ethics for Patent and Trade Mark Attorneys
12.15pm to 1.15pm: Practical Ethics in Trade Marks and Patents Practice: Modern Pitfalls
- Ethical issues in emerging technology
- Advising on unethical products and conduct
- Ethical decision making in litigation and prosecution: duties of candour and disclosure
- Conflicts of interests
Presented by Angela Bowne SC, Denman Chambers
Session 3
Patents Update
Chair: Michael Hall SC, Nigel Bowen Chambers
2.00pm to 2.45pm: Amending Patents During Litigation
- Factors relevant to the court’s discretion
- Relevance of the ground of Invalidity attempting to remedy
- Delay: knowledge vs constructive knowledge of invalidity
- Strategic considerations in relation to the timing of the hearing of the application
- Relevance to the grant of interlocutory injunctive relief
Presented by Julian Cooke, Barrister, 5 Wentworth
2.45pm to 3.30pm: Limits of Patentable Subject Matter
- How ‘manner of manufacture’ has become a key patent battleground
- International developments in patentable subject matter
- Key Australian decisions including Encompass and Rokt
- Where to next for software patents?
Presented by Michael Williams, Partner, Gilbert+Tobin
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.15pm: Developments in ‘Manner of Manufacture’
- Practical approaches for software-related patent applications
- Understanding the practicalities before IP Australia
Presented by Philip Gehrig, Principal, Patent Attorney
4.15pm to 4.45pm: Unjustified Threats of Infringement: How to Practically Deal with them Efficiently and Cost Effectively
- Creating proactive protections against unjustified threats
- Damages and remedies
Presented by Jane Owen, Partner, Bird & Bird
4.45pm to 5.15pm: Patent Update: The Latest Cases and Developments
- Translating the latest cases into guidance for you and your clients in patent disputes
- Strengths and weaknesses in court procedures
- Forum shopping in patent disputes
- Lucky wins and unexpected losses in recent disputes
Presented by Odette Gourley, Partner, Corrs Chambers Westgarth
Venue
Cliftons Sydney
Level 3, 10 Spring Street
Sydney 2000
NSW
Australia