Upcoming events

    • 30 Mar 2023
    • 6:00 PM - 7:00 PM
    • Online via Zoom (link provided upon registration)

    In State of Escape Accessories v Schwartz [2022] FCAFC 63, the creators of a neoprene tote called the ‘Escape Bag’ were unable to persuade the Full Court of the Federal Court that copyright protection should subsist in the bag as a work of artistic craftsmanship.  The bag had not been registered as a design under the Designs Act 2003 (Cth). In what promises to be an entertaining and vigorous exchange of ideas, opposing counsel in the case, Natalie Hickey and Luke Merrick, will discuss and debate the outcome.  Questions posed by the decision include:

    1. Is anything protectable as a work of artistic craftsmanship under the current law?  
    2. If so, what might satisfy the test? 
    3. Should new designers unfamiliar with the Designs Act give up on any hope of legal protection if they have missed the registered designs boat? 
    4. Should anything be done to reassess the current legal position and, if so, what might that involve?

    Luke Merrick is a commercial barrister with a particular focus on intellectual property.  He appeared with Marcus Fleming for the respondents in State of Escape.

    Natalie Hickey is a member of the Victorian Bar specialising in intellectual property, defamation and commercial litigation. The most recent judgment in respect of which she has been briefed is for the successful applicant in Directed OE Pty Ltd v OE Solutions Pty Ltd (No 8) [2022] FCA 1404 per Beach J (breach of fiduciary duties, misuse of confidential information, infringement of copyright, secret commissions, breaches of the Corporations Act and claims under Barnes v Addy). In State of Escape, Natalie was led by Bruce Caine QC for the applicant.

    • 13 Apr 2023
    • 6:00 PM - 7:00 PM
    • Online via Zoom (link provided on registration)

    Professor Rebecca Giblin, Director of Melbourne Law School’s Intellectual Property Research Institute of Australia, has spent 15 years thinking about how we can do a better job of supporting creative workers and promoting access to knowledge and culture. Join Rebecca in conversation with Clare Cunliffe as they speak about the ways in which increasing corporate concentration hurts artists, how Australia’s new national cultural policy might help, and other interventions we can make to help ensure creative workers (and the rest of us) share more fairly in the rewards of our work.

    Photo credit: Ivanna Oksenyuk

    Professor Rebecca Giblin is an ARC Future Fellow at Melbourne Law School, where she works at the intersection of law and culture. She is Director of the Intellectual Property Research Institute of Australia (IPRIA) and leads the ARC-funded Author’s Interest (authorsinterest.org) and eLending projects, as well as Untapped: the Australian Literary Heritage Project. Her new book Chokepoint Capitalism (with Cory Doctorow, 2022) explores how we can recapture creative labour markets from Big Tech and Big Content to get artists paid. She tweets via @rgibli.

Past events

23 Mar 2023 Court frowns on reputation principle: a discussion of the implications of Self Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd [2023] HCA 8
23 Nov 2022 The Experimental Use Exemption: Jusand v Rattlejack
23 Nov 2022 2022 Annual General Meeting
27 Oct 2022 Metaverse, NFTs, and XR: How intellectual property rights are regulating this "new" frontier
1 Sep 2022 Rapid Response Seminar - Aristocrat v Commissioner of Patents [2022] HCA 29
26 May 2022 Unpacking Non-Fungible Tokens - a panel discussion
19 May 2022 Competition or Co-ordination? Exploring the ACCC’s interest in pharmaceutical patent settlements
26 Apr 2022 2022 Study Questions Forum
7 Apr 2022 The Assignment of Copyright in the Aboriginal Flag
31 Mar 2022 Rapid Response Seminar: The High Court’s decision in Lundbeck v Sandoz
25 Nov 2021 By the grace of s 24 – grace period developments
25 Nov 2021 2021 Annual General Meeting
30 Sep 2021 You’ve got to be kidding! A take on recent cases concerning parody and satire in copyright and trade mark infringement proceedings
26 Aug 2021 "That's a nice patent you've got there...": Waiver of patents in a pandemic
5 Aug 2021 Rapid Response: Thaler v Commissioner of Patents - the court recognises that artificial intelligence systems can invent
15 Jul 2021 Recent cases on trade mark distinctiveness
29 Apr 2021 Fearless Girl - State Street v Maurice Blackburn
27 Apr 2021 2021 AIPPI Australia Questions Forum
25 Feb 2021 Unregistered trade marks – some lessons from Kraft v Bega and some persisting uncertainties
17 Dec 2020 AIPPI Rapid Response: Calidad v Seiko
30 Nov 2020 2020 Annual General Meeting
23 Nov 2020 Support after RTB - a discussion of MSD v. Wyeth
27 Oct 2020 Unwired Planet v Huawei & Others [2020] UKSC 37: The judgment and its implications
16 Sep 2020 The Copyright/Design Overlap under Review – do we actually need a Designs Act?
27 Aug 2020 Final Injunctions in Patent Cases
23 Jul 2020 AIPPI Rapid Response: Rokt and Aristocrat
2 Jun 2020 AIPPI Australia Questions Forum
21 May 2020 AIPPI Rapid Response: Commonwealth v Sanofi (clopidogrel)
2 Dec 2019 Manner of Manufacture and Encompass
30 Oct 2019 Enjoin or Expedite: Is this the New Dilemma for Patentees in Australia?
15 Sep 2019 AIPPI Congress London: Australian group drinks
29 Aug 2019 Best method: Pitfalls for patentees arising out of recent cases
25 Jun 2019 Ethics & Professional Responsibility for IP Attorneys
7 May 2019 AIPPI Australia Study Questions Forum - 7 May 2019
2 May 2019 A History of Intellectual Property in One Object: The Dubious Past (and Glorious Future) of Barbie™
22 Nov 2018 Joint Infringements and Company Directors
22 Nov 2018 Annual General Meeting
22 Aug 2018 Intellectual Property National pilot scheme
22 Aug 2018 QLD - A dialogue with IP Australia: your Practical Patent,Trade Mark & Designs Problems addressed by IP Australia

© Copyright 2023 AIPPI Australia

Powered by Wild Apricot Membership Software