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  • The Experimental Use Exemption: Jusand v Rattlejack

The Experimental Use Exemption: Jusand v Rattlejack

  • 23 Nov 2022
  • 6:00 PM - 7:00 PM
  • Live in Melbourne at Macpherson Kelley and Online via MS Teams


Registration is closed

Join us on 23 November 2022 at 6:00 pm for a discussion by Craig Smith SC and Clare Cunliffe of the experimental use exemption created by s 119C of the Patents Act 1990.  Craig and Clare acted for opposing parties in the first case to consider the exemption, Jusand Nominees Pty Ltd v Rattlejack Innovations Pty Ltd [2022] FCA 540, 167 IPR 1.  They will discuss the position under common law before the exemption was introduced, case law in other jurisdictions, the decisions relating to reasonable trial and experiment under s 9 (in the context of secret use), the ALRC and ACIP reports that led to the introduction of the exemption, the wording of s 119C and the explanatory memorandum, the facts in Jusand and what practitioners can take from it, and what issues remain.

The seminar will follow AIPPI Australia's Annual General Meeting.  It will be broadcast via Microsoft Teams, and Melbourne attendees can attend in person at Macpherson Kelley, Level 7, 600 Bourke Street, Melbourne.

Registration is free for members and $40 for non-members.

Craig Smith SC is a commercial barrister at the Victorian Bar, specialising in intellectual property disputes.  He has more than 24 years’ experience working in this area, including more than 13 years at the Victorian Bar. He has a Chemical Engineering Degree (top graduate, Monash University), and frequently acts in proceedings involving technical and scientific subject matter, including chemistry, biotechnology, pharmacology, materials science, mechanics, electronics and physics. He was previously a Senior Associate at Herbert Smith Freehills.

Clare Cunliffe practises in intellectual property and general commercial litigation  Clare has particular expertise in intellectual property litigation, with extensive experience in patent revocation and infringement proceedings (including pharmaceutical patent injunctions) and patent oppositions, as well as litigation concerning the misuse of confidential information in the pharmaceutical context.

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