Trade Marks and Patents Symposium
Issues covered include: trade mark application process, removal of trade marks for non-sue and damages or account of profit elections, international issues, artificial intelligence and intellectual property, Patents Act 1990 (Cth)
Description
Take a high level deep dive into the most important trade mark and patent issues impacting your practice and your clients right now. An assemblage of experts at the forefront of the area will share their practical insights and experience so that you can keep your practice on the cutting edge.
Attend and earn 4 CPD units in Legal Knowledge
This seminar was recorded in QLD on 12 June 2019
Chair: David Logan QC, Wilberforce Chambers; Leading Intellectual Property Senior Counsel, Doyle’s Guide 2018
9.00am to 9.05am: Opening Comments by the Chair
9.05am to 9.50am: Deceptively Simple: Pitfalls in the Trade Mark Application Process in Australia and Overseas
- Identifying the correct proprietor, having regard to common law principles of ownership and intention to use
- Filing applications in the name of trustees: advantages and disadvantages
- Preparing specifications of goods and services, avoiding formalities objections
- Preparing applications under the Madrid Protocol
- Obtaining expedited examination
- International considerations
- The influence of Australian filing particulars on foreign applications
- Formalities requirements in foreign countries
- Convention priority
Presented by Blake Knowles, Principal and Trade Mark Attorney, Spruson & Ferguson
9.50am to 10.35am: Removal of Trade Marks for Non-Use and Damages or Account of Profit Elections
- Removal for non-use: not even McDonald's or IKEA are safe!
- Grace period change for non-use applications
- Damages or an account of profits? How do you choose and what's the difference anyway?
Presented by Ben Coogan, Partner, Thomson Geer; Preeminent Intellectual Property Lawyer and Recommended Technology, Media & Telecommunications Lawyer, Doyle’s Guide 2018
10.35am to 11.20am: International Issues in Trade Marks
- How, when and where to seek trade mark protection overseas
- International trade mark licensing issues
- Can use of a trade mark overseas be considered use in Australia?
Presented by Nicole Murdoch, Founding Director, EAGLEGATE; Trade Mark Attorney; Recommended Intellectual Property Lawyer, Doyle’s Guide 2018
11.20am to 11.35am Morning Tea
11.35am to 12.20pm: Works and Inventions Created by Artificial Intelligence Programs and Robots
- The rise of the machines, types of work being created by AI
- Can a robot own IP?
- Who should own the copyright in a work created by an AI program?
- Who is the inventor of a work created by an AI program?
- Can a robot infringe IP?
- Liability for AI errors
Presented by John Swinson, Partner; Market Leading Intellectual Property Lawyer and Preeminent Technology, Media & Telecommunications Lawyer, Doyle’s Guide 2018 and Rebecca Slater, Senior Associate, King & Wood Mallesons
12.20pm to 1.05pm: Patent Area ‘Best Method’ in s.40(2)(aa) of the Patents Act 1990 (Cth)
- Insights into the ‘best method’ requirement before Raising the Bar
- The impact of the Raising the Bar amendments giving best method its own distinct persona
- Recent cases confirming a heightened disclosure placed on the applicant
- The practical consequences of an inadequate disclosure
Presented by Dr. Dimitrios Eliades, Barrister, Recommended Intellectual Property & TMT Junior Counsel, Doyle’s Guide 2018
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair