Intellectual Property Law Review
Issues covered include: Repeal of S 51(3) Competition and Consumer Act 2010 (Cth): Consequences for IP Front End and Back End, Start-Ups and Scale-Ups, Patent Law Update, Blockchain, AI and the Impact on Patents, Biodiscovery and Traditional Knowledge, Penalties for Unauthorised Commercialisation of Indigenous Works, Recent Developments in Trade Mark Law, Trade Mark Searching and Freedom to Operate Advice
Description
With so many recent developments in IP law you cannot afford to miss this jam-packed review of recent intellectual property law developments. Explore updates covering the significant changes resulting for the repeal of s51(3) of the Competition and Consumer Act, additional legislative changes affecting patent law and trade mark law, and sessions on indigenous issues and intellectual property law.
Attend the full day and earn 7 CPD units in Legal Knowledge
Session 1
Legislative Changes, Patent Law Update and IP for Start Ups
Chair: Ian Tannahill, Partner, Ahearn Fox
9.00am to 10.00am: Repeal of S 51(3) Competition and Consumer Act 2010 (Cth): Consequences for IP Front End and Back End
- Prioritising regulatory compliance by all regulators including ACCC
- What an IP license audit involves and when to audit
- What should you and your client do if the ACCC investigates?
- Can your client’s licensing practices be used as an offensive weapon in litigation?
- Can a restrictive trade clause be severed effectively?
- Factors to consider when resolving proceedings involving IP rights enforcement
Presented by Dr Adrian McCullagh, Principal, ODMOB Lawyers and Dr Dimitrios Eliades, Barrister, The Room
10.00am to 11.00am: Start-Ups and Scale-Ups: What these Businesses Need to Know from the Outset
- The goal of the business: What drives a business forward and what is the exit strategy?
- Structuring for success: war story regarding sale of an IT company
- Types of IP protection and how it relates to the goal of the business
- Freedom to operate including case study: The Butler Board
- International expansion: looking at the US Gym franchise expansion to Australia
- Consideration of relevant employment concerns
- Tips and practical advice
Presented by Mark Metzerling, Special Counsel, Macpherson Kelley Lawyers
11.00am to 11.15am Morning Tea
11.15am to 12.15pm: Patent Law Update
- The removal of the innovation patent
- Revocation of best method
- Manner of manufacture” Where to now?
Presented by Alistair Smith, Principal, Patent Attorney, Davies Collison Cave
12.15pm to 1.15pm: Blockchain, AI and the Impact on Patents
- Can blockchains be patented?
- Where are we with AI? Are they about to take over the world?
- Can you patent your AI?
- Can your AI patent their own invention?
- What does the future hold?
Presented by Peer Watterson, Special Counsel, Griffith Hack
Session 2
Trade Mark Update and Commercialisation of IP
Chair: Andrew Crowe QC, Northbank Chambers; Leading Intellectual Property Senior Counsel, Doyle’s Guide 2019
2.00pm to 2.45pm: Biodiscovery and Traditional Knowledge: Implications for IP
- What activities fall within the Biodiscovery Act 2004 (Qld)?
- What IP could be the subject of a benefit sharing agreement? How will it impact commercialisation of IP?
- Practical tips when using genetic resources or traditional knowledge & customs to leverage your R&D
- Proposed Queensland legislative amendments
Presented by Kellie Stonier, Principal, Law, Griffith Hack
2.45pm to 3.30pm: Penalties for Unauthorised Commercialisation of Indigenous Works
- Issues in protecting Indigenous Knowledge, including Traditional Knowledge and Traditional Cultural Expressions
- Lessons from earlier cases in which indigenous authors relied on copyright to assert their rights, including: Yumbulul v Reserve Bank of Australia (1991) (the ’morning star pole’ case); Milpurrurru v Indofurn Pty Ltd (1994) (the ’Carpets’ case); Thomas v Brown (1997) (the "Aboriginal flag" case); Bulun Bulun v R & T Textiles Pty Ltd (1998) (the ’t-shirts’ case)and an analysis of the decision in ACCC v Birubi Art Pty Ltd (2019)
- Discussion of the recommendations of the House of Representatives Standing Committee on Indigenous Affairs in its ’Report on the impact of inauthentic art and craft in the style of First Nations peoples’ (December 2018)
- The Competition and Consumer Amendment (Exploitation of Indigenous Culture) Bill 2017 and proposed amendments to the Competition and Consumer Law 2010 regarding unauthorised exploitation of indigenous works
- Initiatives at a State level to protect sacred sites and artefacts
Presented by Dr Anne Fitzgerald, Barrister, Queensland Bar
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm: Recent Developments in Trade Mark Law
- Authorised use: who is an authorised user for the purposes of the Trade Marks Act and why does it matter? What are the implications for licensing arrangements?
- Eligibility for registration of a trade mark: tips for identifying the correct applicant and what can be done when an application is filed in the wrong name
- Unregistered trade marks
- Tricks and traps for protection, licensing and assignment
- Restrictions on parallel importation of goods branded with a trade mark
Presented by Katrina Chambers, Special Counsel, Thomson Geer; Best Lawyers since 2014, Intellectual Property
4.30pm to 5.15pm: Trade Mark Searching and Freedom to Operate Advice: the Fine Balance Between Legal and Commercial Risk
- Analysis of what has rendered trade mark clearance searching increasingly difficult
- Balancing the obligation to advise on potential legal risks with the client’s desire for advice that is practical and aligns with commercial objectives
- A discussion of the fine balance between legal knowledge of the trade marks system and the understanding of relevant commercial factors surrounding the client’s trade mark and goods or services
Presented by Blake Knowles, Principal, Spruson Ferguson
Testimonials
Great experience. Very good, keep doing this!
Good summaries of relevant materials
Excellent -Well done
Venue
Mercure Brisbane
Level 2, 85-87 North Quay
Brisbane 4000
QLD
Australia
Parking Information
Parking is not included in you registration. Here are some options below. Secure Parking at Mercure Hotel offers a discounted daily rate from $36 by validating tickets at Mercure Reception prior to departure. Click here to view rates .
Directions
Nearby Public Transport:Train Stations - Roma Street StationBus Interchange - George Square Bus Station