VIDEO: 9th Annual Trade Marks and Patents Forum (4 CPD Hours)

Session ID: OND186NZ01
Date: Wednesday, 20 June 2018
Venue: This seminar was recorded in

Recorded seminars


State:  CPD:4
Standard $405.00


Session Content

Date: June 2018
Seminar Recording

Attend and earn 4 CPD/CPE Hours

Gain 4 CLE hours from leading patent, trade mark and IP practitioners in Queensland covering the key areas you need to know about to stay competitive. Spread out over 5 dense, information-packed and practical sessions, you'll be able to position yourself on the cutting edge with in-depth knowledge and skills covering the latest trade mark and patent cases, new legislation, current trends trends and best practices and procedures in the trade marks and patents sector.

Chair: David Logan QC, Wilberforce Chambers

Recent Case Update on s41 Distinctiveness or Capacity to Distinguish

  • Primary Health Care: Primary Health Care Limited v Commonwealth of Australia
  • Chartered: Surveyors Board Of Queensland v Royal Institution of Chartered Surveyors
  • Centrefold: Metro Business Centre Pty Ltd v Centrefold Entertainment Pty Ltd
  • Silver Service: Silver Top Taxi Service Pty Ltd v Taxi's Combined Services Pty Ltd

Presented by Andrew Musgrave, Barrister, Queensland Bar

Dealing with Trade Mark Ownership

  • Oppositions based on S58: Pham Global Pty Ltd v Insight Clinical Imaging
  • Can filing an application in the name of the wrong person be cured?
  • Constructive trusts and trade mark ownership

Presented by Kellie Stonier, Principal, Griffith Hack; Leading Intellectual Property Lawyer, Doyle's Guide 2017; Leading IP Professional Under Enforcement & Litigation, The World Trademark Review 2018

Dealing with Infringement and Misuse of Trade Marks on Social Media and On-line

  • Dealing with infringement on Google, Adwords, iTunes, Twitter
  • How to deal with infringers who are out of the jurisdiction
  • Use of auDRP and UDRP
  • The Seven Successful Steps
  • Case study: The recent Titan case

Presented by John Swinson, Partner and Rebecca Slater, Senior Associate, King & Wood Mallesons

Preparing Opposition Evidence: Practical Tips for Practitioners in Contemplation of Appeal

  • Strategic implications of the onus of proof
  • Why the rules of evidence matter (even in the TMO)
  • Fixing evidentiary problems on appeal (and other problems)

Presented by Ben Gardiner, Barrister, Queensland Bar

Current Trends and Decisions in Patents in Australia

  • New s40 Support Provisions: Support and Clear Enough - s40(3b); How have they been interpreted?
  • Aftermath of Myriad: Where do we stand with Bio Tech, Software and Business Methods?
  • Government developments following the Productivity Commission's recommendations to abolish Innovation Patents

Presented by Alistair Smith, Principal, Patent Attorney, Davies Collison Cave


Chair: David Logan QC

David Logan is a Brisbane-based barrister who commenced private practice in 1990, after practising for some years as a commercial litigation solicitor, particularly in the intellectual property field. He holds the degrees of Bachelor of Economics and Bachelor of Laws (First Class Honours) from the University of Queensland, and a masters degree (Bachelor of Civil Laws) from the University of Oxford. His practice is commercial, with particular emphasis on a wide range of intellectual property disputes, including trade mark, copyright and patent matters. He has presented a number of conference papers on various intellectual property topics. David has also been a Sessional Lecturer at Queensland University of Technology, in the Masters of Law subject, Intellectual Property Law, and is an experienced mediator.

Andrew Musgrave

Andrew Musgrave was admitted to practice as a solicitor in 1991 and was called to the bar in 1994. He holds a Bachelor of Arts and Laws from the University of Queensland and a Masters of Law from the Queensland University of Technology. Andrew has broad experience in advising on and litigating intellectual property and confidential information matters. He has experience in building and construction, engineering, ICT and domain name disputes. Andrew has appeared before IP Australia, and the State and Federal Courts both at first instance and on appeal. Andrew has appeared as counsel in Trade Marks, Copyright and Patent matters in leading cases in the Federal Court, both at first instance and on appeal. His broad experience means that Andrew has been retained by the Registrar of Trade Marks to appear on her behalf. He has also been asked to mediate commercial disputes, particularly those involving intellectual property issues. Andrew is recommended Intellectual Property & TMT counsel, Doyle's Guide 2017.

Kellie Stonier

Kellie Stonier's strong reputation for maintaining, protecting and enforcing her client's IP rights extends beyond Australia, with many international clients entrusting her to advise on their brand protection issues and trade marks disputes in Australia. Her track record working for major brands and on high stakes matters speaks for itself and earned her recognition as a "Rising Star" in IP at Euromoney Legal Media Group's Australasian Women in Business Law Awards and in 2017 was recognised by the World Trademark Review as a leading Enforcement and Litigation IP professional.

John Swinson

John Swinson is a Partner in the Brisbane office of King & Wood Mallesons. He specialises in technology and intellectual property law. John graduated from Harvard Law School with a Master of Law degree in 1991, where he studied as a Fulbright Fellow, and has undergraduate degrees in law and in computer science from the University of Queensland. John was awarded a University Medal from the University of Queensland in 1988. John is also a member of the New York Bar. He has six years' experience in the New York intellectual property law firm, Kenyon & Kenyon. John is a professor of law at The University of Queensland, and is Chair of the auDA Policy Review Panel. John is arbitrator and decides domain name disputes under the ICANN domain name dispute resolution procedures. John has been involved in many large deals involving IP and IT issues, including the Queensland Health payroll contracts with IBM.

Rebecca Slater

Ben Gardner

Ben Gardiner was admitted to the Queensland Bar in 2004 and signed the Roll of the Victorian Bar in 2008. He practises primarily in the area of intellectual property litigation. Ben has degrees in Pharmacy (UQ, 1988), Business (QUT, 1995) and Law (JD, UQ, 2004) and completed postgraduate studies in Law (BCL) at the University of Oxford. Before coming to the Victorian Bar, Ben was Associate to the Hon Michael Black AC, Chief Justice of the Federal Court of Australia and, prior to that, was Research Associate to the Hon Justice Ray Finkelstein and the Hon Justice Mark Weinberg. He teaches Intellectual Property Litigation in the Melbourne Law Masters program.

Alistair Smith

Alistair Smith specialises in the preparation and prosecution of patent applications in the areas of physics, computer software, business methods and electronic devices, including their application to the medical, biotechnology and cleantech areas. He is experienced in providing advice on patentability, patent infringement and validity as well as conducting IP audits and providing strategy advice to start-up companies. Alistair's studies at Cambridge University focused on physics, as well as including aspects of mathematics, chemistry, geology and geophysics. In 1995 Alistair joined Gill Jennings and Every, a London based Patent Attorney firm, where he qualified as a European Patent Attorney and UK Patent Agent. In 2001, Alistair moved to Australia where he joined Davies Collison Cave, becoming a partner in 2008. Alistair also regularly presents seminars on advising on issues surrounding IP protection, and its role in commercialization, including lecturing at Queensland University of Technology and the University of Queensland. Alistair heads up Davies Collison Cave's medical devices practice group and is a committee member of the AusBiotech QLD steering committee, and Engineers Australia Innovation Sub-Committee. Alistair is a member of the Institute of Patent and Trade Mark Attorneys of Australia, the Intellectual Property Society of Australia and New Zealand, the Chartered Institute of Patent Agents, the Institute of Professional Representatives before the European Patent Office, and the Asian Patent Attorney's Association. Alistair is also a member of the Rotary Club of Brisbane.

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"Very interesting and extremely well presented; speakers knew the area very well"

Delagte - Criminal Law Update, Auckland, March 2017






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