Trade Marks and Patents Conference
Issues covered include: infringement defences, good faith, use of own name, evidence trade use
Description
With practical insights and updates a plenty, this conference provides trade mark and patent attorneys with the opportunity to gain up to 7 CPE hours before the end of the financial year, including one CPE hour in ethics and professional conduct.
This webinar is being live streamed from Melbourne, Victoria, and meets Trans-Tasman IP Attorneys Board CPE/CPD requirements.
Attend the full day and earn 7 CPE/CPD hours
Session 1
Trade Marks Update
Chair: Joanna Lawrence, Counsel, Ashurst
11.00am to 11.45am: Trade Mark Infringement Defences
- Challenging an allegation that a mark is substantially identical or deceptively similar
- The ‘good faith’ defence
- The limits of the ‘use of own name’ defence
Presented by Susan Gatford, Barrister, Svenson Barristers
11.45am to 12.30am: Evidencing Trade Mark Use and Reputation in ATMO Proceedings, Appeals, and Cancellation Actions
- Authorised use and the practical implications of recent case law
- Evidencing online use and reputation
- The potential practical use of expert evidence in relation to marketplace reputation
Presented by Andrew Sykes, Barrister, Greens List
12.30am to 12.45am: Break
12.45am to 1.30pm: Opposition to Registration of a Trade Mark
- Grounds of opposition: useful tips
- Extensions of time: latest cases
- Evidence preparation: get it right
- Submissions and hearing: practical issues
Presented by Margaret Ryan, Lawyer and Trade Mark Attorney, IP by Margaret
1.30pm to 2.15pm: Protecting Brands in a Digital World
- The challenge of digital communications
- Leveraging value: internal & external approaches
- Implementing effective protection strategies
Presented by Jane Perrier, Managing Principal, ipervescence; Leading In-House Intellectual Property & TMT Lawyer, Doyle’s Guide 2018
Session 2
Ethics for Trade Mark and Patent Attorneys
2.15pm to 3.15pm: PANEL DISCUSSION: Key Ethical Issues
- Overview of your professional conduct obligations as a patent or trade mark attorney
- Understanding your duty to your client
- Recognising a conflict of interest and knowing how to deal with it
- What are your rights, privileges and responsibilities when dealing with clients?
- Recent disciplinary decisions
Panel Facilitated by Joanna Lawrence, Counsel, Ashurst
Panellists:
Karen Sinclair, Principal, Patent & Trade Marks Attorney, Watermark
Jane Perrier, Managing Principal, ipervescence
Gavin Doherty, Director, Patent and Trade Mark Attorney, mdp Patent and Trade Mark Attorneys
Session 3
Patents Update
Chair: TBA
4.00pm to 5.00pm: PRACTICAL WORKSHOP: Prosecuting Patents before the Patent Office
- Filing requirements and procedures
- General eService tasks
- The key issues to address when responding to Office Actions
- Monitoring and watching patent applications of interest
- Opposing patents and time lines for filing evidence
Presented by Gavin Doherty, Director, Patent and Trade Mark Attorney, mdp Patent and Trade Mark Attorneys
5.00pm to 6.00pm: Balancing the Rights between the Patentee and a Person who has Acquired Title to a Patented Product
- The doctrine of ‘implied licence’: implications for vendors/importers of repaired or remanufactured products
- The scope of the implied licence; limitations and exclusions
- Practical tips for preserving the implied licence along the supply chain of a patented product
- Potential effects of the pending High Court case of Calidad v Seiko
Presented by Robynne Sanders, Partner, DLA Piper
6.00pm to 6.15pm: Break
6.15pm to 7.15pm: The Continuing Contentiousness of Computer-Implemented Inventions: Recent Developments and Practical Considerations
- Why do ‘software patents’ remain contentious, and what can this tell us about the distinction between patentable and unpatentable computer-implemented inventions?
- What did we learn about the position in Australia from last year’s decision of the Full Federal Court in Encompass v Infotrack?
- How are the practices of patent offices in Australia, the US and New Zealand evolving in response to the changing legal landscape?
Presented by Mark Summerfield, IP and Technology Consultant