Trade Marks and Geographical Indications
OND2210NZA25BZ3
Description
Attend and earn 1 CPE hour
1.15pm to 2.15pm 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
Presenters
Marianne Barker
Marianne has had extensive experience in all areas of intellectual property, trade practices, general commercial law and sports law. Prior to signing the Bar Roll, she was a Senior Associate at Corrs Chambers Westgarth in the Intellectual Property and Trade Practices section. Her practice has encompassed appeals, trials and various types of interlocutory applications for orders including injunctions, civil search and seizure orders and contempt orders. Her clients in the trade marks area have included Rolex, Gap, Nike, Valentino, Caterpillar, Treasury Wines, Christian Dior, Louis Vuitton, Hugo Boss, Cartier, Hermes, Nokia, Rip Curl, Mambo, Australian Rugby Union, National Foods, Crazy Johns (now part of Vodafone), Hoover, Fendi, Lacoste, Vans, Viacom, Toyota, John Sands, Playgro, Rivers, Just Jeans, Adele Palmer and Bradmill. She has also acted in copyright and design matters for clients such as Autodesk, Musidor and Spotlight Stores and has acted for various project home builders in respect of architects' plans including Hotondo Homes, Henley Arch, Stonehaven Homes and C & J Designer Homes. Marianne has also acted in mechanical and pharmaceutical patent matters for companies such as Braun, Alphapharm, Transpread International, Huhtamaki and Metallgesellschaft (now part of the GEA Group). She has also acted in allied areas such as breach of trade secrets, Crown use of IP, the IP aspects of tax appeals (R & D) and in the trade practices area she has acted in various consumer law and price fixing matters. Her sports law practice grew out of her pro-bono work for Olympic athletes and she is now the President of the Taekowondo Appeals Tribunal (recently being awarded the Ian Callinan prize at the 2019 ANZLA Annual Conference The Denis Callinan Award recognises members of the Australian New Zealand Sports Law Association (ANZSLA) who render commendable community service in the field of sports law). Finally, she also practises as a mediator being a Nationally Accredited Mediator since 2012. Marianne has written and edited problems for use at the ICC Mediation Moot Competitions held in Melbourne and Paris. Prior to her legal practice, Marianne interned in the tax section of Peat Marwick Mitchell (now KPMG). She is a graduate of the Australian Institute of Company Directors (AICD) and has had various board positions on not-for-profit boards. Marianne Barker (B.Ec. (majoring in Accounting and Economics), LLB (Monash), LLM (Melb)) was admitted in Victoria in 1985 and signed the Bar Roll in 1992. Her Masters thesis concerned the topic "Famous Trade Marks". Marianne is the deputy convenor of the trade marks sub-committee of the IP Committee (IPC) of the Law Council and a member of the recently formed GI sub-committee of the IPC of the Law Council. She is also a member of the International Wine Law Association, the AIDV, and was herself the co-owner of a vineyard on the Mornington Peninsula and a member of the Mornington Peninsula Vineyards Association.