proceedings 2008 - international accreditation forum 2008.pdf · 1965 - 1966 george howe rance 1967...

PROCEEDINGS

2008

VOLUME LXXXX - Session 2008

THE INSTITUTE OF PATENT AND TRADE MARK ATTORNEYS OF AUSTRALIA

Founded 1918 (Incorporated 1934)

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CONTENTS

LIST OF PAST PRESIDENTS ……………………………………… 3 OFFICE BEARERS ………………………………………………….…. 4 ANNUAL REPORT …………………………………………………….. 4 BALANCE SHEET ……………………………………………………... 36 ANNUAL GENERAL MEETING ………………………………………. 55 PRESIDENTIAL ADDRESS …………………………………………... 61

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PAST PRESIDENTS

1919 - 1922 Edward Waters 1923 - 1924 Cecil Woods Le Plastrier 1925 - 1926 Clement Alfred Hack 1927 - 1928 Walter Sigmont 1929 - 1930 Arthur Griffith 1931 Wilfred Joseph Spruson 1932 - 1934 Leslie Bartlett Davies 1935 - 1936 Victor Jasper Kelson 1937 - 1938 Frank Bayston 1939 - 1940 William Arthur Ashton 1941 - 1942 Ronald Keith White 1943 - 1944 Geoffrey Sly 1945 - 1946 John Gordon McGregor 1947 - 1948 Sturt de Burgh Griffith 1949 - 1950 John Barton Hack 1951 - 1952 Arthur Stanley Cave 1953 - 1954 Bertram Charles Fitzpatrick 1955 - 1956 Myer Starfield 1957 - 1958 Walter Haywood Hooworth 1959 - 1960 Ronald Keith White 1961 Mark Joseph Callinan 1962 Johannes Carl Schmidt 1963 - 1964 George Henry Frazer 1965 - 1966 George Howe Rance 1967 - 1968 Kenneth Norman Rimington 1969 - 1970 Raymond Pennafort Barry White 1971 - 1972 Alan Geoffrey McKee 1973 - 1974 William Denis McNiven 1975 - 1976 Desmond James Ryan 1977 - 1978 Robert Gale Shelston 1979 - 1980 David Bertram Fitzpatrick 1981 Peter John Marsh 1982 - 1983 Laurence John Dyson 1984 James Gordon Siely 1985 - 1986 Keith Leslie 1987 Trevor Noel Beadle 1988 - 1989 Raymond Walton 1990 - 1991 Terrence John Collins 1992 - 1993 David Thomas Wilson 1994 - 1995 Howard Kenneth Schulze 1996 - 1997 Fraser Patison Old 1998 - 1999 John Michael Slattery 2000 - 2001 Douglas Charles Carter 2002 - 2003 Colin Douglas Macauley 2004 - 2005 Malcolm John Royal 2006 - 2007 Anthony John Fowler Ward 2008 David Griffith

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NINETIETH ANNUAL REPORT OF COUNCIL FOR THE YEAR ENDED 31 DECEMBER 2008

1. INTRODUCTION Council has pleasure in presenting to Members their Annual Report for the year ended 31

December 2008, being the Ninetieth Annual Report since the formation of the Institute, together with the related Financial Statements identified on the introductory page.

2. OFFICE BEARERS

1 Jan–4 April 2008 4 April-31 Dec 2008

PRESIDENT

A J F Ward

D C Griffith

VICE PRESIDENTS

L K Allen D C Griffith

L K Allen G L Cowin

COUNCILLORS

R H Baddeley M J Caine G L Cowin T J Davies P J Davis J M Dobbin B A Lunn S M Smith A H Makrigiorgos A W Thomas

R H Baddeley J S Borham M J Caine T J Davies P J Davis J M Dobbin G J Gurr A H Makrigiorgos S M Smith A W Thomas

EX-OFFICIO M J Royal (deceased) A J F Ward

EXECUTIVE SECRETARY L M Tocchet L M Tocchet

ASSISTANT SECRETARY - S Zele: 14/4/08-19/9/08 J Morrison: from 10/11/08

AUDITOR P Wills Cooke P Wills Cooke

3. COUNCIL MEETINGS During the 2008 calendar year there were eight Council Meetings. Two meetings were held in

Melbourne, and six by video-conferencing.

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4. APPOINTMENT OF COMMITTEES

The 2008/09 Council appointed the following Committees, with Convenors underlined and co-opted members identified by an asterisk.

ADMINISTRATIVE COMMITTEES

IPTA CONFERENCE David Griffith Jeremy Dobbin Leon Allen Anne Makrigiorgos

EDUCATION Graham Cowin David Carmichael* Leon Allen George Griziotis* Virginia Beniac-Brooks* Karen Sinclair*

ETHICS & DISPUTES Trevor Davies Graham Cowin Richard Baddeley Paul Davis

FINANCE & SECRETARIAT Richard Baddeley Graham Cowin Leon Allen Colin Macauley*

IP AUSTRALIA BUSINESS Greg Gurr Chris Owens* RELATIONS Richard Baddeley David Webber*

Paul Davis

MEMBERSHIP Paul Davis Anne Makrigiorgos Janelle Borham Colin Macauley*

PUBLICATIONS Alun Thomas Trevor Davies Richard Baddeley

PUBLIC RELATIONS Stuart Smith Jeremy Dobbin

Trevor Davies Brett Lunn* RULES Janelle Borham Paul Davis Trevor Davies Jeremy Dobbin

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4. APPOINTMENT OF COMMITTEES (cont) LEGISLATIVE COMMITTEES

DESIGNS Jeremy Dobbin Ray Hind* Caroline Bommer* Colin Macauley* Shaun Griffin* Lee Pippard* INTERNATIONAL PATENTS Leon Allen Noel Brett* Michael Caine PATENTS LEGISLATION Michael Caine Richard Baddeley Greg Gurr* Graham Cowin Brett Lunn* Trevor Davies Kathryn Morris* PATENT PRACTICE Graham Cowin Michael Caine Leon Allen Stephen Friend* Janelle Borham Greg Gurr Richard Baddeley PLANT BREEDER’S RIGHTS Trevor Davies Simon Tout* TRADE MARKS Anne Makrigiorgos David Griffith Tracey Berger* Michael Wolnizer* Andrew Butler*

5. FELLOWS OF THE ACADEMY OF EDUCATION

Leon Allen Richard Baddeley Trevor Beadle David Carmichael Graham Cowin Robert Cross John Gibbs Raymond Hind Peter Huntsman Ann Kurts John McCormack

Bill McFarlane Robert Miller Gary Nock Chris O'Sullivan Mark Roberts Christian Schieber Karen Sinclair David Tadgell Tony Ward Steve Wilson

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ADMINISTRATIVE COMMITTEE REPORTS 6. ANNUAL CONFERENCE COMMITTEE Convenor: Mr David Griffith

The Annual Conference in Auckland, conducted as a joint conference with NZIPA, was well attended by our members, our friends from NZIPA, guest speakers and IP Australia officials. A very diverse, interesting and educational business programme with valuable contributions from all the speakers was delivered to the attendees. We are most grateful to our New Zealand colleagues for the efforts they put into the conference.

We were very fortunate in having more prominent speakers and attendees including Mr Philip

Noonan, the new Director General of IP Australia, who gave an entertaining opening address, Mrs Fatima Beattie, the Deputy Director General of IP Australia, who presented her views on the “Ideal Patent System”, Mr John MacPete of the USA on the Rocket Docket, Mr Warren Hassett from the NZ Ministry of Economic Development IP Policy, Professor Andrew Christie of IPRIA and Mr Peter Dengate-Thrush the Chair of ICANN.

The social programme was first class with dinners in excellent restaurants around Auckland’s

beautiful waterfront, with our formal dinner in a truly spectacular space atop the War Memorial Museum. We were greeted by a Maori haka and after dinner we were entertained by Mr Jim Hopkins who had delegates and guests rolling in the aisles with his humorous interpretations of the day’s proceedings and observations on some of the attendees. Ken Moon, apart from giving an invaluable presentation on his US and EU litigation experiences for Fisher & Paykel, with the assistance of Jeffrey Ryder selected superb wines for all functions during the conference. This was most appreciated by all of the wine lovers present.

The Fun Run was held along the shores of Waitemata Harbour so early on the first morning that

the run started off in the dark. Friday afternoon was graced by the return of the Touch Rugby Challenge between the Australian and New Zealand professions. The Challenge was won by New Zealand by about infinity to one by the use of young and fleet ring-ins from some of the Auckland offices. The Saturday excursions were either sailing in the Harbour where we were plagued by fickle winds or a bush walk in the ranges and beaches to the west of Auckland. A good day was had by all.

Postscript It is pleasing to report that both the 2008 Auckland and the 2007 Hunter Valley conferences

contributed a profit to the Institute’s coffers. I congratulate Linda Tocchet and those who assisted her.

7. EDUCATION COMMITTEE

Convenor: Mr Graham Cowin IPTA Academy of Education The Academy again conducted courses in the patent attorney qualifying Topic Groups G

(Drafting of Patent Specifications) and H (Interpretation and Validity of Patent Specifications). Those courses are accredited with the Professional Standards Board and passes in the courses count toward registration as a patent attorney. The Academy also offered a course in Topic Group F (Patent Systems). However, due to a lack of student applications that course was not conducted.

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7. EDUCATION COMMITTEE (cont) Drafting of Patent Specifications A four day lecture and workshop session was conducted in both Melbourne and Sydney for

Topic G, with all students personally attending both sessions. Between those sessions, students completed set assignment work which was assessed by the tutors. An examination was conducted as part of the course to determine which students had successfully completed the course. The sessions and assignment assessments were led by David Carmichael, Richard Baddeley, John McCormack and Bill McFarlane, with assistance from Leon Allen, Dr Trevor Davies and Ross McFarlane.

A total of 20 students enrolled for the course, including 4 students who had failed a previous

course. All students presented for the examination, with 10 being awarded a pass and 10 failing. Of the 4 repeat students, 2 were awarded a pass.

Interpretation and Validity of Patent Specifications A four day lecture and workshop session was conducted in both Melbourne and Sydney for

Topic Group H with all students personally attending both sessions. Between those sessions, students completed set assignment work which was assessed by the tutors. An examination was conducted as part of the course to determine those students who had successfully completed the course. The sessions and assignment assessments were led by Gary Nock, Christian Schieber, Karen Sinclair, Tony Ward and Mark Roberts, with assistance from David Carmichael.

A total of 20 students enrolled for the course, including 3 students who had failed a previous

course. All students presented for the examination, with 2 being awarded a credit pass, 10 being awarded a pass and 8 failing. Of the 3 repeat students, 2 were awarded a pass.

The Committee extends thanks and appreciation to all tutors for their very willing and

professional contribution to the education of future generations of patent attorneys, and to the secretariat for the smooth and efficient administration of the Academy proceedings.

Regulatory Regime for Patent and Trade Marks Attor neys In April 2008 IP Australia released a draft of amendments to the Patent and Trade Marks

Regulations intended to implement a new regime for registering Patent and Trade Marks Attorneys. The proposed regime arose from a review of the existing arrangements conducted by the Professional Standards Board for Patent and Trade Marks Attorneys (PSB).

The Committee reviewed the Regulations and made written comment to IP Australia. Members were alerted to the major provisions of the proposed Regulations by way of a Notice

dated 21 May 2008. Those provisions included changes in the requirements for initial registration as a Patent Attorney, as well as renewal of registration as a Patent and/or Trade Marks Attorney. The annual renewal requirements included evidence of Continuing Professional Education.

The new Regulations came into effect on 1 July 2008. Those Regulations are supported by

various Guidelines developed by the PSB in conjunction with the Education Committee to provide guidance to persons seeking initial registration and maintaining their registration as a Patent and/or Trade Marks Attorney.

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7. EDUCATION COMMITTEE (cont) Continuing Professional Education (CPE) With the commencement of CPE requirements for maintaining registration as a Patent and/or

Trade Marks Attorney, the Committee sought ways of increasing education offerings to members, including to those members located outside the major cities. Those ways included co-sponsored events with organizations such as IPRIA and Tech IP Professional Development.

The Committee has and will continue to explore cost effective education and learning delivery

modes including recording presentations which can later be available for viewing and listening by members.

Members have been encouraged to combine resources and cooperate at a regional level in

order to share the responsibility for providing CPE opportunities. The Committee has worked with the PSB to clarify those activities that qualify as CPE. IP Australia Attorney Placement Program The Education Committee continues to work with IP Australia in operating the Attorney

Placement Program. The Program is intended to facilitate good relations and shared learning between the profession and IP Australia. The Program also opens a line of communication between the host attorney firm and visiting IP Australia employee.

The cooperation of attorney firms in this Program is appreciated. 8. ETHICS & DISPUTES COMMITTEE Convenor: Dr Trevor Davies

The Ethics & Disputes Committee continues to field enquiries and complaints from clients of the patent and trade mark profession as well as practitioners within the umbrella of IPTA. Members of the public who make the effort to either complain or request information from the IPTA Secretariat appreciate receiving a prompt reply. This Committee endeavours to provide this level of service and often a telephone discussion with a complainant is sufficient to satisfactorily address an issue. Alternatively, the complainant is provided with a copy of the Code of Conduct for Patent and Trade Marks Attorneys (Code of Conduct) and asked to put the complaint in writing. A copy of a written complaint is then forwarded to the attorney in question with a request for a prompt written reply. In most cases, members cooperate appropriately. Any delays in replying, however, frustrate the complainant and serve only to place the profession in a bad light. The Committee is very cognisant of the potential consequences associated with complaints that go to the Professional Standards Board for Patent and Trade Marks Attorneys (PSB). This Committee, with its less formal and less rigid procedures, sets out to defuse conflicts so that a mutually satisfactory outcome can be reached. Members are asked to consider this objective when responding to the Committee’s request. Any allegation of a serious breach of the Code, however, will be passed on to the PSB.

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8. ETHICS & DISPUTES COMMITTEE (cont) The Committee also welcomes calls from members to discuss issues of ethics or potential conflicts that may arise in carrying out a professional practice. In addition, any members having difficulties in managing their practice due to illness or other issues are invited to contact the Committee for assistance or guidance. The Committee is pleased to report that over the last year there have been very few significant or protracted disputes. This may well be a direct result of attorneys taking specific steps to improve communication with clients, especially regarding the issue of costs. A new Code of Conduct issued on 1 July 2008 following changes to the discipline regime for registered attorneys brought about by the amendments to the Patents Regulations 1991 and Trade Mark Regulations 1995. Of concern, IPTA has been removed as a contact point for complainants from the Code of Conduct. As a consequence, a complaint about the conduct of an Attorney under the Code of Conduct must be made to the PSB. At the end of 2008, the Committee met with members of the PSB to discuss changes to the discipline regime and issues faced by the PSB. Although IPTA has been removed as a point of contact in the Code of Conduct, the PSB still sees IPTA playing an important role in dealing with minor complaints and issues clients may have with attorneys.

9. FINANCE & SECRETARIAT COMMITTEE Convenor: Richard Baddeley

The 2008 year has again seen an increase in the Institute’s funds, this being a highly desirable position as increased resources are devoted to Continuing Professional Development and other programmes. Increasing membership of the Institute has contributed to this position.

In 2008, the Finance and Secretariat team, with constant effort from Linda Tocchet, has looked

to ensure that funds are invested conservatively while yielding some return which can be used for expenditure on the Institute’s educational and other programmes. To this end, funds have now been allocated in interest yielding accounts, in Cash Management and Term Deposit form. Returns are monitored regularly in an effort to maximise these returns. The rapid movement in interest rates in recent times has sometimes made this process challenging.

The Committee, once again with the able assistance of Linda Tocchet and recent recruit to the

Secretariat Janene Morrison who I thank for their constant efforts, has worked to implement more efficient procedures for payment of invoices and the online authorisation process is working well.

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10. IP AUSTRALIA BUSINESS RELATIONS COMMITTEE Convenor: Mr Greg Gurr The IP Australia Business Relations Committee acts as a liaison between the IPTA membership

and IP Australia for matters relating to the manner in which IPTA’s members do business with IP Australia. The Committee liaises with IP Australia primarily in relation to business and administrative systems and processes. The Committee provides feedback to IP Australia so as to assist in ensuring that its business processes and systems enable the provision of effective and efficient services to IPTA members. Some of the specific matters that the Committee has been involved in over the last year include: • Regularly liaising with IP Australia regarding the ongoing development of the AUSPAT

patents database;

• Liaising with IP Australia regarding their IP Rights Modernisation Program. This program incorporates two projects, being the Integrated Service Delivery Project and the Trade Mark Vision Project. The Integrated Service Delivery Project is involved with developing policies, processes and systems governing the means by which IP Australia and its customers will correspond with each other in the future. A particular emphasis of the project is the development of an electronic filing capability, following on from earlier development of the business-to-business (B2B) project that has been dormant in recent times. The Committee is working closely with IP Australia with a view to ensuring that the policies, processes and systems developed meet the needs of the IPTA membership.

• Making submissions to IP Australia regarding perceived problems with handling of correspondence, and particularly highlighting examples of official correspondence that never reaches its intended recipient. The Committee has been involved in ongoing liaison with IP Australia to identify and quantify these problems, and to assist IP Australia where possible to resolve any systemic problems;

• Seeking input from members regarding IP Australia’s proposal to commence double-sided printing of official correspondence and subsequently preparing and filing a submission to IP Australia in relation to the same;

• Seeking input from members regarding IP Australia’s review of its Customer Service Charter and subsequently preparing and filing a submission with IP Australia regarding the same;

• Highlighting to IP Australia inconsistencies in names formats on official correspondence brought to our attention by an IPTA member; and

• Highlighting to IP Australia inconsistencies and deficiencies in various items of standard official correspondence.

• Highlighting to IP Australia deficiencies in their patents database for addresses in countries that have no state.

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11. MEMBERSHIP COMMITTEE Convenor: Mr Paul Davis NEW MEMBERS ELECTED DURING 2008

Finn, Michael Robert Fellow 5 February 2008 Graf, Ernest Robert Fellow 8 May 2008 McKinley, Daniel Andrew Fellow 24 June 2008 Moulee, Anuradha Fellow 5 August 2008 Lolis, Tony Victor Fellow 5 August 2008 Eadie, Elizabeth Fellow 23 September 2008 Trento, Leon David Fellow 28 October 2008 White, Rebecca Fellow 28 October 2008 Hendry, Garth Stewart Fellow 12 December 2008 Higinbotham, Georgina Mary Fellow 12 December 2008 Landells, John Simon Fellow 12 December 2008 Jayaswal, Shyama Usha Fellow 12 December 2008 Anast, Maree Ordinary 5 February 2008 Baird, Kristine Helen Ordinary 5 February 2008 Bogdan, Irena Ordinary 5 February 2008 Golding, John Ordinary 5 February 2008 Lim, Amanda Sook Yuen Ordinary 5 February 2008 Onishi, Jim Yoshitaka Ordinary 5 February 2008 Saunders, Eliza Jane Ordinary 5 February 2008 Witten, Ben Thomas Spencer Ordinary 5 February 2008 Behan, Angeline Peta Ordinary 26 March 2008 Dredge, Selina Leigh Ordinary 26 March 2008 Emmett, Louise Lynette Ordinary 26 March 2008 Richards, Adrian John Ordinary 26 March 2008 Kwok, Joseph Shan Heng Ordinary 8 May 2008 Ryan, Siobhan Ordinary 24 June 2008 Magarey, Julian Frank Andrew Ordinary 24 June 2008 McKeveney, Declan Ordinary 24 June 2008 Clayton-Stamm, Peter Michael Ordinary 5 August 2008 Cable, James Ross Ordinary 23 September 2008 Harrison-Smith, Maria Ordinary 23 September 2008 Mongey, Karen Ordinary 23 September 2008 Peh, Malcolm Chun-Hua Ordinary 23 September 2008 Prabamaran, Hishani Ordinary 23 September 2008 Arrouk, Joseph Ordinary 28 October 2008 Meka, Hedie Ordinary 28 October 2008 Cheong, Brendan Ordinary 12 December 2008 Garton, Jonathon Ordinary 12 December 2008 Haines, Thomas Ordinary 12 December 2008 Martin, Scott James Ordinary 12 December 2008 Ng, Kgoh-Wah Kitty Ordinary 12 December 2008 Ryder, Megan Alicia Ordinary 12 December 2008 Wilson, Michelle Ordinary 12 December 2008 Goldberg, Brian Ordinary 12 December 2008

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11. MEMBERSHIP COMMITTEE (cont) NEW MEMBERS ELECTED DURING 2008 (cont) Heilbronn, Karen Student 5 February 2008 Herbert, Sarah Student 5 February 2008 Hew, Siew-Lee Student 5 February 2008 Hodge, Denise Student 5 February 2008 Horton, Douglas Student 5 February 2008 Leeuwangh, Martin Peter Student 5 February 2008 Newland, Ashley Martin Student 5 February 2008 Heard, Rebecca Student 5 February 2008 Wilkinson, Christopher Richard Student 5 February 2008 Williams, Kieran Richard Student 5 February 2008 Cooper, Michael Student 26 March 2008 Fung, Steven Ho Yin Student 26 March 2008 Griffiths, Thomas Student 26 March 2008 Berger, Dan Student 5 August 2008 Jones, Joanne Claire Student 5 August 2008 Denehy, Emma Student 23 September 2008 Denley, Adam Student 23 September 2008 East, Clinton Student 23 September 2008 Hamilton, Edith Francis Student 23 September 2008 Kasprzyk, Milena Student 23 September 2008 Lewis, Meron Elsie Student 23 September 2008 Satchell, Jacqueline Student 23 September 2008 Byres, Emma Student 28 October 2008 Angelatos, Alexandra Student 12 December 2008 Boag, Joanne Student 12 December 2008 Huynh, Tam Student 12 December 2008 Schaft, Daniel Student 12 December 2008

MEMBERS ELEVATED DURING 2008

Brown, Peter Kevin Fellow 5 February 2008 Grant, Richard David Fellow 5 February 2008 Letters, Timothy John Fellow 5 February 2008 Luxton, Adam Fellow 5 February 2008 Kensett-Smith, Brett Fellow 5 February 2008 Richardson, Martin Rex Fellow 5 February 2008 Coombs, Justin Taylor Fellow 26 March 2008 Finnie, Nicholas James Fellow 26 March 2008 Worthley, Stephen Christopher Fellow 26 March 2008 Crooks, Adrian Fellow 26 March 2008 Longmuir, David Francis Stuart Fellow 26 March 2008 Bogdanov, Valentin Fellow 8 May 2008 Baxter, Christopher John Fellow 24 June 2008 Mutimer, Helen Fellow 5 August 2008 Govenlock, Linda Jane Fellow 23 September 2008 Coonan, Jason Fellow 28 October 2008

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11. MEMBERSHIP COMMITTEE (cont) MEMBERS ELEVATED DURING 2008 (cont)

McManamny, Patrick Fellow 28 October 2008 Dixon, Garth Michael Fellow 12 December 2008 Gupta, Nimish Ordinary 5 February 2008 Hantos, Susanne M Ordinary 5 February 2008 Oitmaa, Leanne Michelle Ordinary 5 February 2008 Parker, Lisa-Anne Ordinary 5 February 2008 Hudson-Gofers, Allira Meryn Ordinary 8 May 2008 Miles, David Ordinary 8 May 2008 Shoebridge, Grant Ordinary 8 May 2008 Mickan, Samuel Peter Ordinary 24 June 2008 McCaffery, Cheryl Ordinary 5 August 2008 Porter, Keith Andrew Ordinary 23 September 2008 O’Mally, Mark Ordinary 12 December 2008 RESIGNATIONS DURING 2008

Hardie, John David Resigned 31 December 2008 Fagan, Beverley Maie Resigned 24 June 2008 Rainey, David Albert Resigned 24 June 2008 Hustwick, Catherine Mary Resigned 24 June 2008 Shearer, Margaret Claire Resigned 24 June 2008 Dear, Wendy Hui Resigned 24 June 2008 Williams, Peter John Resigned 5 August 2008

TERMINATIONS DURING 2008

Young, Philip Terminated 8 May 2008 Crasto, Curtis Terminated 5 August 2008 King, James Bertram Terminated 23 September 2008 Hopkins, Donald Leslie Terminated 23 September 2008

MEMBERS DECEASED DURING 2008

Collins, Terrence John Deceased 01 October 2008 Wilson, Steve Henry Deceased 15 August 2008 McKee, Alan Geoffrey Deceased 10 May 2008

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11. MEMBERSHIP COMMITTEE (cont) ROLL OF MEMBERS AS AT 31 DECEMBER 2008 The Membership Roll, as at 31 December 2008, comprised 460 Fellows of which 2 were Honorary Members, 195 Ordinary Members, 56 Students, and 26 Overseas Members, giving a total of 737 Members. FELLOWS 460 Abel J H Adams J G Adamthwaite D A Ahearn T G Alder A P Allen L K Anderson N J Anderson E W Anderson-Taylor M Andrews J C Anese C P Angliss M L Angus D Argaet V P Asquith J Atichian C J Baddeley R H Barke H R Barlow V P Bartlett G J Bates M C Baxter C J Beadle T N Beadle D A Bell M N Beniac-Brooks V A Bennett W G Bentley C M Bentley G R Berggren S D Berman C H Berryman D W Biernacki G A Bird C J Blattman A N Blenkinship J R Bodkin C L Boehm P A Bogdanov V Bolger M A Bolton K W

Bommer C M Borg K J Borham J S Borovec S V Bowman B N L Boyer S J Brass J Brett N T Brown P Brown R A Browne S S Buck M A Bucknell D G Butler A G Caine M J Cale A D Callinan K W Caporn P M Carew C L Carmichael G D Carroll J G Carter D C Carter C J Caulfield M J Chambers G M Chandler W G Cherry J W Chia R S F Chilco P J Chin Quan E M Christie A L Chrysiliou K A Cicchitelli L Clark D G Clark R J Clarkson R M Connor B G Coombs J T Coonan J R Corbett T G Cosgrove S J

Couper S Cowin G L Cowle A J Cox G B Crooks A H Cross R N Cruise R I L Crump D Cumming H J Curnick R D Curwen J C B Dahlke A V Dalton M A Dark A D Davidson G R Davies T J Davies R J Davis P J de Bruyn P de Jonge B J Dela Paz F Di Giantomasso D F Dibbens J A Dixon G M Dobbin J M Dower J Dowsing B J Dredge T J Drew D C Dummer P C Duncan A D Eadie E Eagar B B Earley M G Egerton M L Elliott C Ellis W S Emmanuel C A Engel M D English M S Ernst I T

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11. MEMBERSHIP COMMITTEE (cont) ROLL OF MEMBERS AS AT 31 DECEMBER 2008 (cont) FELLOWS (cont) Evans A J Evans R L Farbey P S Ferraloro A Finn M R Finney K G Finnie N J Fisher P C Fisher G W Fitzpatrick B J Fitzpatrick D B Fitzpatrick B R Flattery-O'Brien J Flinn J P Fong P V Forster J D Fox D P Franke P N Friedgut M Friend S R Garcia R O Gardiner S J Gardner J R G Gehrig P W Genocchio E I Gibbs J C Gibson D V Gill M Gleghorn C A Golias H Golja L J B Goodhew C T Gordon G H Gourley R D Govenlock L J Grabb A E Graf E R Grant P A Grant R Green J R Gretton P Griffin S L Griffith D C Griziotis G Gumley T P Gurr G J

Habel G E Halliday R G Hamilton K R Harkins J M Harris C J Harrison K M Harrison P G Harwood E J Heathcote P R Hedges M M Heisey R M Hendry G S Hendtlass A J Hendy B M Hendy T J Henning R G D Henshaw D Hess B J Higinbotham G M Hind R S Hird W Hirsz C S Hodgkinson H R Hogan J P Holliday N J Holman J W Hooke R E J Horner M G Horsburgh M A Houlihan M J Houlihan E E Hughes E J L Hughes D J Huntsman P H Hutchison J E Hyland A L Innes K M Irani S Ireland N K Jahn S Jayaswal S U Jones P W Jones A L Jones A R Joseph S J Juhasz C G

Kakuda D K Kapernick G M Kelly R T Kelson R C Kennaugh L M Kensett-Smith B Keogh J M Kilborn P A Kildea P F King J H Klinkradt S Koch M J Kraemer M H Krouzecky S G Kurts A Landells J S Law A J Lawrie J M Lee A W Lee A A Lesicar D Leslie K Letters T J Leviton K M Lloyd W S Loi T Lokan N R Lolis T V Longmuir D F S Lord K E Lowe A R Lucas M A Lunn B A Luxton A Macauley C D Macken P J Mackenzie P W Mahony P J Makrigiorgos A H Mansfield G M Martin M A E Martorana A Massang J R Massey P D Massie A B Maxwell P F P

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11. MEMBERSHIP COMMITTEE (cont)

ROLL OF MEMBERS AS AT 31 DECEMBER 2008 (cont) FELLOWS (cont) McCann J F McCausland S M McCormack J D McCutcheon E J McEwan J J McFarlane W G McFarlane R N McInnes K J McKinley D A McManamny P McMaster W McMillan A M McNamara K McStea J A Melville T A Merlino C Merritt D D Millar I A Miller R M Miller L N Miller N A Mizzi A P Momcilovic V Monger C Monks W T Montgomery R L Morcom N B Morgan D C Morris K B Morton A J Moulee A Mountford N G Munday B M Munt G R Murray C J Murray N W Mutimer H P Myers D K Negler J P Newman B S Newton J Nock G W Noonan G J North T Nugent B J

Nutt B M Oberin C J Obranovich T O'Brien M E O'Brien S T O'Connor J D O'Donnell M T O'Donnell M J Odorico N M Old F P Oldfield G H Olive M R Ollerenshaw R E O'Mahoney J M Osgerby K J O’Sullivan M P O’Sullivan C J B Owens C Pannall M Papamichalakis F Parish T J Park S Park J J Parker N J Patterson E C Peachey B J Perkins D M Pernat A Perrin D Petering J E Philp S C M Pickering W J Pini M B Piper J W Pippard L D Pizzey J K Pluck P D Plummer R W Port M R Potter G W Power K Power P A Pryor G C Puchert M Pullen M A T

Rajkovic I A Rantzen H J Recchia G D Redfern J B Richardson M R Rickard D J Roberts M K Robinson K J Rolls C L Rose I S Rosenthal D Rourke I J Ryan D J Ryder J A Samargis J G Sanders R L Santer V B Savage P A Schieber J A C Schilling F L Schlicht C D Schulze H K Seisdedos J P Selleck A M Shanahan D R Shand T M Shanks D H Sharp S D Shelston R G Shoolman D K Shub F A Silins G U Simonetta G Sinclair K J Slater W A Slattery J M Slizys D A Smeeton A R Smith P R Smith S M Smith A J Smith M A Smoorenburg R C T

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ROLL OF MEMBERS AS AT 31 DECEMBER 2008 (cont) FELLOWS (cont) Spark K A Squires M P Stafford L P Staley T J Starkie S J Stead J E Stramandinoli R Strickland R J Sunn K Syn R J Tadgell D J Tannahill I R Tansey C W Taylor L V Terry J Tettman R L J Thomas A W Thompson P M Thoo L W Y Tilley A W Tout S Tozer R D

Treloar P J Trento L D Tse V C Tulloch D L Turner D M Turner G M Turonek M L Tyndall S van Leeuwen J van Rensburg G Vilè S M Vinall C L Wadeson B J Wakeham M A Walker V A Walker S A Wallace R J Walsh J R Walton R Ward A J F Ware S G Warner J A

Waters R J Watling N L Watson D C Webb T L Webber D B Wellington B S Whenman P C White R Williams M J Wilson D T Wilson G A Winch J P Wong S Woodgate P R Wood-Roe R L M Worthley S C Wulff R P Wulff S E Wyk P J Wynne E C Yin-Foo D D York S J

ORDINARY MEMBERS (195)

Anast M Anderson S J Arrouk J Badenhop R F Baird K H Baker C A Baskovich T P Bebber J Behan A P Bentley K Berger T M Bloomfield K L Blows J L Bogdan I Brewis J M Browne G S Burnett W Burns P A Cable J R

Cave S L Cetinich B Chadwick R J Chan G Chan A Cheong K T B Chrysiliou A Clarke T P Clayton-Stamm P M Cooper M A A Cordiner T D Dabboussy R Davey A Davies C J Davis A J de Lima L Dimitriadis C Doherty G Don Paul M G

Downing M P Dredge S L Drew I A Duncan A L Dwyer P J Emmett L L Fitzpatrick C M Flego A D Foreman S E Foster D L Fox J S Freeman A Gale J Garton J Gatford S K Gee O Gigney E Goldberg B Golding J

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ROLL OF MEMBERS AS AT 31 DECEMBER 2008 (cont)

ORDINARY MEMBERS (cont)

Goldschmied J C Goodfellow D C Gourgaud V M Green P A Gupta N Haines T Hannebery J A Hantos S M Harrap C D Harrison-Smith M Hartmann A Hassett A W Hawkins B L Heathcote M Heerey E J C Hill G Honeyman B E Horak I P Huber M Hudson-Gofers A M Humphris C K S Hunter N H Irvine S Jogia M K John P G Johnston A Jordan C F Kearney H M Keep P L C Khajeh M Khoo P King V R Klupacs R J Kneebone S Kong W K T Kortian K Kwok J S H La Fontaine G Lakatosh I Lake N J Lee J D Lee D P Levy G P Lewin L Lewis B

Lim A S Y Littler H A Lockhart A S Loft B C Lowe C F Ma S S C Mackie J A Magarey J F A Mancini L A Marinos A Martin S J Martin T M Maxwell J V McCaffery C McCamley K McElhone C M McFarlane F McKenzie G D McKeveney D McManis S F McNamara D L Meka H Meskin B I Mickan S P Miles D H Mills J A Mitchell A T Mongey K Mullane L M Murdoch K Ng K Norris A J O'Callaghan T J Ochsenbein S A Oitmaa L O'Mally M Onishi J Y Parker L A Peh M C Pernat M Perrier J Place A G Pollock M Portelli G K G Porter K A

Postma B T Potter J L Prabaharan H Ramchand N N Reader A J Reynolds S P Richards A J Rowland S A Ryan S Ryan M M Ryder M A Saunders E J Sergi C Sgourakis C Shoebridge G Silberstein R A Sinclair N J Skelly G J Smith P A Sonneman S A Stark A J Stern S Stevens L Stevens T Stines A P Terry A G Thompson B L Tuffery D E Tzanidis A Uyttenhove J H D van Meurs B Voon C K Wan J Y Ward M J F Warden-Hutton P D Weisman S Whitmore S A Wilkins N F Williams S D Williams M A Wilson L R Wilson M L Witten B T S Wolnizer M Wu Z

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ROLL OF MEMBERS AS AT 31 DECEMBER 2008 (cont)

ORDINARY MEMBERS (cont) Wynne C Yastreboff M Zammit M

STUDENTS (56)

Angelatos A Angus D M Appleby E J Berger D Boag J Boston J R Burns D Byres E Cleary S A Cooper M Cunneen W A Denehy E L Denley A Di Fiore L Dixon D Drinnan N B East C Fentiman K M Fung S H Y

Glasson S Griffiths T Hamilton E F Heard R Heilbronn K Herbert S Hew S L Hodge D Holmes N J Horton D Howe M Huynh T Jones J C Kasprzyk M Lakatos N Leeuwangh M P Lewis J S Lewis M E Lord M B

Low M R McCarthy D J McEvoy K Mott B R Newland A M PeceBarbara N Satchell J Schaft D Shannon W E Smith F Stevenson R A Styan K Tachas G Tarr H A Van Wensveen C Whitehead G J Wilkinson C R Williams K R

OVERSEAS MEMBERS (26)

Abdel-Hadi H Bell G R Cheong E de Elzaburu A Doucas M Eftimov M Graham C T Greene-Kelly J P Hwang E M

Johnson T L Johnston M I Kinsella G Knight P I Lambourne D Lerwill J McCabe P T Mikijelj R Mullin B P

Rackette K Robba E Smolowitz M Spicer J L St Vayanos G Sullivan B M Tarazi I A Wright T A

HONORARY MEMBERS (2)

Beadle T N Ryan D J

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12. PUBLICATIONS COMMITTEE Convenor: Mr Alun Thomas

IPTA News was published four times in 2008 and emailed to members in an electronic version. There has been a concerted effort to increase the visual attraction of the newsletter with inclusion of more photographs. The average number of advertisements in the newsletter has reduced towards the end of the year reflecting, presumably, tighter economic times. The Committee thanks Linda Tocchet and the outside compiler Roy Vidal for their valuable assistance in publishing the Newsletter.

13. PUBLIC RELATIONS COMMITTEE

Convenor: Mr Stuart Smith

Public Relations and Marketing Communication efforts were quite diverse in 2008, including many additions to the new web site, some media opportunities and new flyers for use and distribution through IP Australia and its sub-offices. IP Australia will also have the new flyer available at their future events.

Web Site

The new IPTA web site is up and running. There may still be some members who have not registered for access to the secure Members’ Area. As content is continually being added to this part of the site, it is recommended that all members register so as to gain access to the new resources and information. Interestingly, when a link to the first issue of the IPTA newsletter was published to members from the site, there was a corresponding peak in members applying for registration so they could download the newsletter. It is good that this reminded many members to gain their log-in and passwords for full access to the site, and equally encouraging that so many members are genuinely interested in the newsletter. One of the most significant changes relates to the search functionality within the member directory. The old database was somewhat limited in how it could be searched within the site and was also quite ‘unsearchable’ by the major search engines such as Google. The new directory is far more flexible and is quite highly optimised for Google and similar search engines. This should be a significant benefit to members, as people searching for an attorney usually do so by including the city in which they hope to find one. The directory, new and expanded content, and the Content Management System used for publishing has resulted in increases in excess of 300 percent in both unique visitors and keywords being used in search engine searches. In July 2007 the total number of search phrases that resulted in visits was 76. In July 2008 that number had increased to 421. In September 2008 it had increased further to 530 search phrases. The latest statistics are annexed to this update.

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13. PUBLIC RELATIONS COMMITTEE (cont) A Jobs Board is the most recent offering on the site, having been rolled out in early 2009. Additional pages that have been set up since the website was first published include: • A Jobs Board where IPTA member firms and others can advertise for IP

professional staff; • A members-only page showing recent papers and submissions on relevant

aspects of IP law and practice from IPTA, IP Australia and other bodies; • Results of examinations from the IPTA Academy; • Information on the Malcolm Royal Prize; and • Information on the Free Consulting Service in the Media section of the site.

The site is now resulting in media ‘finding us’ and passing through requests for information, comments and interviews. Enhancements to the website will be ongoing, so please keep checking to see “What’s New” and provide feedback on how to make the site even better. Media

A full page in Dynamic Business magazine with an article on the steps IP creators need to undertake when looking to protect their IP was gained. This article highlighted the need for professional consultation with a patent or trade mark attorney to determine the best form(s) of protection and options for commercialisation. The article was all about, the importance of getting it “right” from the start and avoiding costly - and potentially irreversible - mistakes. A copy of the text of this article is annexed. In late September a media release was sent out for general distribution on the Free Consulting Service, which was distributed to a broad range of media as well as being posted to the website. The response to this release was very good with a number of major IP and general publications picking up the story in both print and web media. Industry sector publications that covered the article included those servicing IP, food manufacturing, education, graphic design/printing and information technology. The release has also been posted on IP Australia’s web site. On 3rd November, Dr Trevor Davies featured on ABC Radio National’s ‘Science Show’. The program was about the patent application made by Seoul National University in South Korea regarding Woo Suk Hwang's creation of stem cell lines from cloned embryos - although later some aspects of the research were allegedly found to be fraudulent. Stuart Smith also conducted a radio interview on 2RPH (1224AM) in mid November, for a regular morning program targeting builders and tradesmen in the construction industry. The programmers had picked up on the recent profiling of IPTA's Free Consultation Service, and thought it would be of interest to their listeners. The interview segment went for about 15 minutes, with good opportunity to emphasise the crucial role of patent and trade mark attorneys in securing sound IP protection, as well as the role of IPTA as the peak representative body for the profession in Australia.

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13. PUBLIC RELATIONS COMMITTEE (cont)

An advertisement was developed for Australian Export Guide to be published in early 2009 with distribution throughout Australia and overseas. In late November, IPTA also committed to a full-page advertisement in ‘Australian Export’, the official publication for the Australian Export Awards. This advertisement emphasises the importance of effective IP protection in an export context, the importance of seeking specialist advice, and the valuable information available on IPTA’s web site, including particularly how to find a suitable patent attorney. A copy of this advertisement is annexed.

New IPTA Flyer

Following a number of discussions with representatives from IP Australia, a new flyer/poster has been created and produced for use in all IP Australia’s offices. It will also be distributed by IP Australia at its various functions and events. A copy of the new flyer is annexed. Where the old flyer was quite ‘corporate’ in look and broad in its themes, the new flyer has far more impact, being focused on the Free Consultation Service as a message to the many SMEs who have in the past used the “DIY” style of filing through IP Australia. The availability of the IPTA flyers in IP Australia offices, and the fact that they posted the Free Consulting Service media release on their own web site, represents a significant step forward in IPTA's relationship with IP Australia, which will be developed further through a number of other initiatives in 2009 and beyond. Free Consulting Service

The Free Consultation Service was, once again, run in Sydney and Melbourne and this service will continue in 2009. Steps have also been taken to expand this service into Brisbane, Perth and Adelaide. Contributing members are thanked for the dedication of their time to this service.

The Committee continues to maintain a list of members willing to act as speakers on various IP topics and encourages new members to advise the Secretariat if they are interested in being added to the current list. Webinars With the new CPE regime for patent and trade marks attorneys now in play, Council is developing a system whereby selected seminars and lectures relevant to our continuing education and professional development will be recorded and made available on the IPTA website for viewing online. The pricing model is still being fine-tuned, but in broad terms it is envisaged that the pre-recorded seminars will be made available on a pay-per-view basis. Selected seminars may be available at no cost or at nominal cost only. The website interface will indicate how many CPE points each seminar is considered to be worth and the associated download cost. The first seminar to be recorded as a trial for this purpose will be the Sydney session of the IPTA meeting with members to be held with David Griffith, Leon Allen and Graham Cowin, at the Swissotel, on Thursday, 19 March 2009.

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13. PUBLIC RELATIONS COMMITTEE (cont) We will also be recording a number of key sessions at the Institute's Annual Conference at Hayman Island in April 2009. Council will be working hard to ensure this new functionality will be of real value to members, in terms of our CPE obligations and our professional development more broadly. We will keep you informed as this important new initiative unfolds and again, if you have any feedback on how the setup or functionality could be improved at any stage, please don't hesitate to pass it on. A Note of Thanks Finally, the Committee thanks the Secretariat for its diligence and invaluable assistance in coordinating the various activities of the Institute throughout 2008.

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Getting IP right from the start By Stuart Smith, Councillor and Fellow, Institute of Patent and Trademark Attorneys of Australia – Identifying what is your IP, as separate from you r contractors’ Most businesses that rely on developing or exploiting any form of Intellectual Property (IP) have some understanding of the relationship between staff working on a project and the ownership of the IP. In the case of employees, the general rule is that the employer owns IP developed by the employee in the course of the employee’s duties. However, when it comes to engaging outside contractors or partners to work on projects involving the creation of IP, then the reality of ownership can be quite different. In this case, the general rule is that the contractor or partner will own the IP they create, unless the contract provides otherwise. For larger organisations, including Government Departments, there is often a default clause in contracts that states just where the IP ownership resides. Also, many organizations, including large corporates, universities and research institutes, have written IP policies covering development, protection and commercialization of IP. But for smaller businesses, there is often no such default situation or no written contract at all. So thought must be given at the engagement stage as to how you want to deal with the issue of IP ownership, and this needs to be clearly outlined in any project contract. A few options that could be considered are: • If the development is only going to give you a short-term advantage, then you may look at licensing the IP from the contractor or partner to gain revenue. • If the IP resulting from whatever you are developing is going to give you a competitive edge, then maybe it is wise to own the IP. • If the IP is critical to your success, then you may also look at taking out a patent on the ‘business process’ before engaging in any scope of work. This is often the example in the area of software development with outside contractors. If the IP is being developed for a particular client, you will also need to consider what the client contract provides in relation to IP ownership. If the contract provides that the client is to own the IP, you will need to acquire ownership of the IP developed by any of your contractors or partners. – How to acquire rights to IP if you don’t own it If, for whatever reason, there is IP that your business needs, there are two main ways to go about obtaining it; a licence, or commercial negotiation to own it outright. A licence can be for all uses of the IP or can be limited to a specific application or industry. It can also be exclusive or non-exclusive. Gaining an industry-wide licence will allow you to benefit from the IP while shutting out your competitors. This is a popular option in situations where the IP has application in a number of industries, giving the owner of the IP the opportunity to commercialise it quite widely. In areas where innovation takes place quite frequently, a licence, usually for a shorter period, is often a reasonable option.

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13. PUBLIC RELATIONS COMMITTEE (cont) If, on the other hand, you feel you need to own the IP outright, then the best advice is to do it ‘sooner rather than later’. The longer a business waits to negotiate the sale of IP, the higher the chance of a competitor beating them to it. Additionally, the IP may increase in value over time, requiring you to pay a higher price to acquire it down the track. Finally, if you are paying for the IP to be developed, your bargaining position will be best at the start of the engagement. – Understanding how different IP protection works To discover just how different types of IP protection can apply to a given situation, take the case of the airplane. Just over 100 years ago, the Wright Brothers protected their IP by filing for, and being granted, a single patent for a flying machine. Today’s modern aircraft may have its component parts protected by thousands of individual grants for IP protection. These could include the trade mark of the name or brand of the aircraft. Then there are patents – potentially thousands – covering everything from major hydraulic systems operating the control surfaces and landing gear, to the critical parts of the engines, through the electronics behind the control and navigation systems down to the flushing systems of the toilets. Additionally there may be certain aspects of the aircraft that would more likely be protected via the use of design registration. These registrations cover the visual appearance and shape of functional components. Within an aircraft they could be used to protect the form of the in-seat entertainment unit, the form of the seats, or even the shape of the aircraft’s nose-cone. In terms of protectable IP in an aircraft context, another primary source of protection is copyright law. Copyright can protect engineering and technical drawings, parts lists, instruction manuals, promotional materials and even the software used to program the various navigation, control, entertainment and other on-board computer systems. No doubt there will also be a significant amount of confidential information that relates to the design and manufacture of the aircraft. This information does not fall within the sphere of patents, designs, copyright or trade marks but can nevertheless have substantial value. Processes to protect confidential information must be in place in order to preserve the confidentiality and hence retain the value of this important category of IP. Apple's iconic iPod is another example of a manufacturer relying on a variety of different forms of IP rights, interwoven and overlapping in a kind of IP matrix, to create a holistic protection strategy that is more than the sum of the parts. Various internal hardware components of the iPod are subject to patents owned by Apple and third-party suppliers. The visual appearance of the device, including the distinctive navigation wheel, is protected independently of the underlying technology by various design registrations.

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The software in the operating system is protected by copyright and potentially also by various patent applications. The major brand elements such as "Apple", "iPod" and "Nano" are protected by trademark registration. Trade marks can be protected indefinitely, and often assume greater importance as products mature in their life cycles. This in turn highlights the importance of well-conceived brand development strategies, as an important part of the IP matrix. Although these particular examples are on a multi-national scale, they illustrate why inventors are usually well advised to seek professional help, rather than self-filing. The belief that one patent will be sufficient to protect an idea is often akin to putting "all the eggs in one basket" and can result in disaster down the commercial road. – Obtaining professional advice If you have developed or propose to develop IP of commercial value, it is usually worth seeking assistance from a patent or trade mark attorney to ensure the IP is properly protected. A patent attorney can assist in identifying what components of the IP may be patentable or registrable as a design, and whether there are any existing patents that your proposed IP may infringe. A trade mark attorney can help with protection of brands, trade names and logos and the like and as well as with the selection of trade marks or brands to avoid infringing existing rights. A patent attorney can also help with nondisclosure agreements and contracts for the development and exploitation of the IP – including IP assignments or licence agreements. In our ‘information and knowledge economy’, understanding and protecting valuable IP is critical. IPTA’s role is to help you in this process. However and wherever you seek assistance, it is better to do so at the start of the process. The Institute of Patent and Trade Mark Attorneys of Australia (IPTA) offers a free initial consulting service. It is often used by people who know exactly what they have invented, but may not realise what types of protection to file for, what from each type of protection should take, what geographical regions should be covered, and what prior IP rights may potentially need to be avoided. You can access further information on Intellectual Property, including information about IPTA’s free consulting service, at the Institute’s web site; www.ipta.org.au

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14. RULES COMMITTEE Convenor: Ms Janelle Borham

In 2007 the Rules Committee worked with IP Australia towards the preparation of a paper outlining a proposal to change the Patents Act and associated legislation to allow Patent Attorneys to operate their practices as incorporated bodies. It was anticipated that amendments would be prepared to the legislation and presented before parliament in late 2008.

Due to the change of government in December 2007, and the consequent introduction

of a raft of new legislation by that government, there has been no significant advancement in 2008 in the preparation of legislation to bring this proposal into effect. In 2009 we will highlight the delays in the preparation of this legislation and work with IP Australia to progress this work.

LEGISLATIVE COMMITTEE REPORTS

15. DESIGNS COMMITTEE

Convenor: Mr Jeremy Dobbin

This year has been a relatively quite year for the Designs Committee. Some members of the Designs Committee met with Gavin Lovie, - Deputy Registrar Trade Marks and Designs and Robyn Foster, the new General Manager Trade Marks and Designs, in Sydney in September 2008. At the meeting we discussed educating the Australian public and businesses about Registered Designs and attempted to identify those "interest groups" and organisations that IP Australia should be approaching and/or seeking feedback from about their experiences with the Registered Design system. Few other issues of note arose during the year. The committee is aware of the various aspects of the Designs Act and Regulations that members might wish to see changed, and the Designs Office has been made aware of those views. We are awaiting an opportunity to seek to implement changes, although it will be appreciated that making amendments to the Designs Act and Regulations are not currently top of the Government's agenda. Many thanks to all the members of the Designs committee for their contribution this year.

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16. INTERNATIONAL PATENTS COMMITTEE Convenor: Mr Leon Allen

The International Patents Committee monitors international developments relevant to the Australian patent profession, disseminates relevant information to members, and makes submissions on behalf of IPTA where appropriate. The following are the more significant matters monitored by the Committee: WIPO Working Group on Reform of PCT Changes in the United States Prosecution Rules WIPO Group B meetings WIPO Discussion Paper: Search and Examination under PCT New Zealand Draft Patents Bill Patent Law Treaty Patent Prosecution Highway Free Trade Agreements WTO US/CHINA disputes Anti-Counterfeiting Trade Agreement During the year a submission was made in relation to the Productivity Commission Issues paper entitled "Review of mutual recognition schemes". A submission was also made in relation to the WIPO proposal for a Priority Document Digital Library. Considerable work has also been done by the Committee in relation to the issue of Patent Attorney privilege. In particular Michael Caine worked closely with Michael Dowling representing AIPPI in gathering information and materials for a WIPO forum on this topic. The Committee is also actively working on obtaining some clarification of the extent, if any, to which the New Zealand Lawyers and Conveyancers legislation affects members practicing in New Zealand.

17. PATENTS LEGISLATION COMMITTEE Convenor: Mr Michael Caine

2008 was a busy year for the Patents Legislation Committee. One of the major activities of the Committee was attending meetings of and making submissions to IP Australia's Patent Consultation Group. This is a group set up by IP Australia to discuss International patent law developments, law reform proposals, proposed practice changes within IP Australia, and other issues. Various issues were discussed by the group during the year, including proposed changes to divisional practice and opposition practice, and issues relating to patent entitlement. 2008 saw the release of the Cutler Report entitled "Venturous Australia". The Committee made a submission to the Review Panel, and was represented at the "Innovation 2008" seminar which was held in Melbourne. This report made a number of references to submissions made by IP Australia to the Review Panel, and IP Australia is currently in the process of considering its response to the report. Some preliminary issues were presented by IP Australia to the Patent Consultation Group, but it is anticipated that further detail will be revealed in 2009, including proposals for legislative reform.

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17. PATENTS LEGISLATION COMMITTEE (cont) The Committee also consulted with IP Australia in relation to some amendments to the Patents Regulations, including amendments to allow confidential information to be provided to the International Bureau or foreign patent offices with the consent of the applicant. These amendments were designed to set Australia up to take part in WIPO's digital access services for priority documents. The Committee also consulted with IP Australia in relation to their change of practice in relation to Section 112 notifications. In late 2008 the Senate announced that it would be conducting a review into gene patents. The Committee has been monitoring the progress of this Senate enquiry and resolved to prepare a submission. The Committee also requested leave on behalf of IPTA to appear as Amicus Curiae in the Full Federal Court of Appeal in Mont Adventure Equipment Pty Ltd v Phoenix Leisure Group Pty Ltd.

18. PATENTS PRACTICE COMMITTEE

Convenor: Mr Graham Cowin

The Patent Practice Committee is responsible for liaising with IP Australia on matters of practice of the Patent Office as it affects users of the patent system, particularly Institute members and their clients.

Mechanisms for dialog with IP Australia on matters of practice were both formal, including the Patent Consultation Group (PCG) and Business and Industry Group (BIG) meetings, as well as informal and ad hoc comprising discussions arranged with representatives of IP Australia as appropriate. Toward the end of 2008, IP Australia undertook a Customer Engagement Review, following which a number of changes were made to the formal mechanisms for dialog. As a consequence, IPTA ceased having representation on BIG.

Matters in relation to which the Committee was active during 2008 included:

• National Innovation Review – making submissions on Review chaired by Dr Terry Cutler.

• Personal Property Securities Bill – making submissions on Bill intended to reform personal property securities law in Australia.

• Notice of entitlement – making submissions on future requirement for Notice.

• Opposition case management – making submissions on handling of amendments during opposition, and practice of providing written submissions prior to Hearing.

• Divisional applications – making submissions responsive to proposed options for limiting filing of such applications.

• Discussions with IP Australia with respect to search and examination of applications originating outside Australia, particularly regarding quality of work undertaken within IP Australia.

• Discussions on Hearing Officer training programs.

• Discussions on innovation patents, AusPat, and outreach programs such as vocational education and training.

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18. PATENTS PRACTICE COMMITTEE (cont) Thanks to all Committee members and others for their contributions to Committee matters. Also appreciation to IP Australia who readily make representatives available for discussions of interest and concern to members and clients, and provide substantial secretarial and other resource support to facilitate those discussions.

19. TRADE MARKS COMMITTEE Convenor: Ms Anne Makrigiorgos

The existing members of the Trade Mark Committee remain unchanged since last year and include Andrew Butler (AAR), Rachel Berger (Sprusons) and Michael Wolnizer (DCC). Another busy year for the Trade Marks Committee with a few changes at IP Australia, being the replacement of Ruth Mackay with Robyn Foster as General Manager - Trade Marks; a change in the title of the Combined Interests Group (CIG) to the Trade Mark Interests Group (TIG); and a reduction in the number of IPTA members who attend the TIG's meetings - this has been reduced to 2, namely myself and Michael Wolnizer. I wish to thank all the Committee members for their valuable contribution last year. The Trade Marks Committee has had an active year of considering and responding to Government and IP Australia issues papers and initiatives. The Committee has considered and made written submissions in connection with the IP Australia's Options Paper entitled "A review of the penalty provisions in the Trade Marks Act 1995" and in respect of IP Australia's CIG papers concerning "Unrepresented Trade Mark Customers in the Opposition Process - can we help them more" and "Case Management in Oppositions".

Various Trade Mark Committee Members attended the meeting of the Combined Interest Groups (CIG) on trade marks at IP Australia in Canberra and the Trade Mark Interests Group which was held in Melbourne.

Many topics were discussed but the most important included: · Presumption of Registrability;

· Parallel Importation;

· Madrid

Thank you to all the Committee Members for their assistance over the past year. The

personal time spent by individual committee members for the benefit of the IPTA membership as a whole and the public is, as usual always, appreciated.

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20. PLANT BREEDER’S RIGHTS COMMITTEE Convenor: Dr Trevor Davies

An Options Paper from the Advisory Council on Intellectual Property (ACIP) entitled "Review of Enforcement of Plant Breeder's Rights" was released in June 2008. The Plant Breeder's Rights Committee worked with FICPI Australia in its written reply to the Options Paper. After consideration of the submissions and possible consultations regarding the Options Paper, ACIP should submit a final Report with recommendations to the Government in 2009.

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STATEMENT OF FINANCIAL POSITION BALANCE SHEET

AS AT 31 DECEMBER 2008

NOTE 2007 2008

CURRENT ASSETS Cash at Bank 2 34,717 49,604 Receivables 3 50,816 40,544 Prepayments 46,695 27,951 Investments 4 673,382 748,710 Inventories 5 2,398 2,013

TOTAL CURRENT ASSETS 808,008 868,822 NON-CURRENT ASSETS Property, Plant & Equipment 6

4,332 2,630

TOTAL NON-CURRENT ASSETS 4,332 2,630

TOTAL ASSETS 812,340 871,452

CURRENT LIABILITIES

Payables 7 32,724 38,909 Employee Benefits 8 14,197 16,321

TOTAL CURRENT LIABILITIES 46,921 55,230

NON-CURRENT LIABILITIES

Employee Benefits 9 16,472 19,395

TOTAL NON-CURRENT LIABILITIES

16,472 19,395

TOTAL LIABILITIES 63,393 74,625

TOTAL NET ASSETS 748,947 796,827

MEMBERS’ FUNDS

Accumulated Surplus 748,947 796,827

TOTAL MEMBERS’ FUNDS 748,947 796,827

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INCOME STATEMENT FOR THE YEAR ENDED 31 DECEMBER 2008

NOTE 2007 2008

INCOME Academy and education 245,645 113,104 Annual conference 202,154 218,617 Interest from investments 53,928 54,779 Subscriptions, entrance, elevation

fees & levy 389,011 408,451

Sundry income 2,400 2,065 893,138 797,016 EXPENSES

Academy and education 223,396 119,320 Accountancy fees 2,470 1,773 Advertising 97,269 81,723 Annual conference 159,236 190,350 Annual leave provided (reduced) (985) 2,124 ASIC fees 40 40 Auditor’s fees 12 5,405 5,559 Bank and government charges 7,672 5,905 Council expenses and catering 25,672 33,025 Depreciation 3,745 1,702 Insurance and workcare 7,379 14,140 Internet expense 268 1,929 IPRIA research funding 30,000 20,000 Legal and consulting 7,068 -

Long service leave 2,547 2,923 Newsletter 1,199 1,123 Office administration 31,275 29,239 Office rental 14,857 15,123 Office equipment scrapped or sold 3,256 -

Postage and petty cash 5,411 5,273 Printing and stationery 9,341 10,893 Salaries 124,278 107,984 Social meetings 1,553 (97) Sponsorships - 32,759 Sundry expenses 1,178 1,481 Superannuation 49,536 53,642 Telephone 10,195 11,203 823,261 749,136

OPERATING SURPLUS (DEFICIENCY) 69,877 47,880

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STATEMENT OF CHANGES IN EQUITY FOR THE YEAR ENDED 31 DECEMBER 2008

NOTE 2007 2008

Surplus (deficit) for the period Items recognised directly in equity

69,877 47,880

TOTAL RECOGNISED INCOME AND EXPENSE FOR THE PERIOD 69,877 47,880

EQUITY AT THE BEGINNING OF FINANCIAL YEAR 679,070 748,947

EQUITY AT THE END OF THE FINANCIAL YEAR 748,947 796,827

CASH FLOW STATEMENT FOR THE YEAR ENDED 31 DECEMBER 2008

NOTE 2007 2008

CASH FLOWS FROM OPERATING ACTIVITIES

Receipts from member activities 882,076 816,869

Payments to suppliers and employees (877,237) (781,433)

Interest received 53,928 54,779

CASH FLOWS FROM (TO) OPERATING ACTIVITIES 58,767 90,215

CASH FLOWS FROM INVESTING ACTIVITIES

Receipts (payments) for plant and equipment 454 -

Investments (placed) (49,405) (75,328)

CASH FLOWS FROM (IN) INVESTING ACTIVITIES (48,951) (75,328)

NET INCREASE (DECREASE) IN CASH HELD 9,816 14,887

CASH AT BEGINNING OF FINANCIAL YEAR 24,901 34,717

CASH AT END OF FINANCIAL YEAR 34,717 49,604

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NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 DECEMBER 2008

1. STATEMENT OF SIGNIFICANT ACCOUNTING POLICIES

Basis of preparation

The financial report is a general purpose financial report that has been prepared in accordance with the requirements of the Corporations Act 2001 and Australian Accounting Standards, Australian Accounting Interpretations, other authoritative pronouncements of the Australian Accounting Standards Board and the Corporations Act 2001. Australian Accounting Standards set out accounting policies that the AASB has concluded would result in a financial report containing relevant and reliable information about transactions, events and conditions to which they apply. Material accounting policies adopted in the preparation of this financial report are presented below. They have been consistently applied unless otherwise stated.

The financial report has been prepared on an accruals basis and is based on historical costs and does not take into account changing money values or, except where stated, current valuations of non-current assets. The financial report is presented in Australian dollars. Accounting Policies

(a) Revenue recognition Revenue is recognised to the extent that it is probable the future economic benefits will flow to the company and can be measured reliably. All revenue is stated net of the amount of Goods and Services Tax. In addition: (i) Revenue from membership subscriptions and fees is measured on receipt; (ii) Interest is recognised as interest accrues using the effective interest method;

and (iii) Conference and academy revenues are recognised based on stage of

completion, which is usually assessed by reference to event delivery.

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NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 DECEMBER 2008 (cont)

1. STATEMENT OF SIGNIFICANT ACCOUNTING POLICIES (cont)

(b) Cash and cash equivalents

Cash and short-term deposits in the balance sheet and cash flow statement comprise cash at bank and in hand, net of any bank overdraft, and short term deposits with an original maturity of three months or less.

(c) Trade and other receivables Trade receivables, which generally have 30-90 day terms, are recognised and carried at original invoice amount less an allowance for any uncollectible amounts, which are identified when there is objective evidence the company will be unable to collect them. (d) Investments Investments are at call or short-term deposits of less than twelve months. They are recognised and measured at fair value.

(e) Inventories Inventories held for resale are carried at the lower of cost and net realisable value. Cost is based on the weighted average method. Net realisable value is the estimated selling price in the ordinary course of business, after deducting estimated costs necessary to complete and sell, such as marketing, selling or distribution costs.

(f) Plant and equipment Plant and equipment is stated at cost less accumulated depreciation and any accumulated impairment losses. Depreciation is calculated on the diminishing value method over the estimated useful life of the assets, which range from 3 to 20 years. The assets' residual values, useful lives and amortisation methods are reviewed, and adjusted if appropriate, at each financial year end. The assets are reviewed each year for impairment, with the recoverable amount assessed as the higher of fair value less costs to sell and value in use.

(g) Payables Trade payables and other payables are carried at amortised costs and represent liabilities for goods and services provided to the company prior to the end of the financial year that are unpaid and arise when the Group becomes obliged to make future payments in respect of the purchase of these goods and services.

41


1. STATEMENT OF SIGNIFICANT ACCOUNTING POLICIES (cont)

(h) Income Tax The Institute is a non-profit organisation for tax purposes and income from fees, subscriptions and levies received from members is not taxable. Income not received from members is subject to income tax at company tax rates after allowing for related deductible expenses. Current tax assets and liabilities for the current and prior periods are measured at the amount expected to be recovered from or paid to the taxation authorities. The tax rates and tax laws used to compute the amount are those that are enacted or substantively enacted by the balance sheet date. Deferred income tax is provided on all temporary differences at the balance sheet date between the tax bases of assets and liabilities and their carrying amounts for financial reporting purposes. Deferred income tax assets are recognised for all deductible temporary differences, carry-forward of unused tax assets and unused tax losses, to the extent that it is probable that taxable profit will be available against which the deductible temporary differences and the carry-forward of unused tax credits and unused tax losses can be utilised.

(i) Employee benefits Liabilities for employee benefits expected to be settled within twelve months of balance date are measured at amounts expected to be paid to settle the liability. Benefits expected to be settled more than twelve months after reporting date are measured as the present value of expected future payments to be made for services provided by employees before the reporting date using the projected unit credit method. Expected future payments are discounted using market yields at the reporting date on national government bonds with maturities that match as closely as possible the estimated future cash outflows. As in past years no provisions has been set aside in case of employee redundancy.

42


NOTE 2007 2008 2 CASH AT BANK AS CURRENT ASSETS ANZ Bank Group Ltd 34,717 49,604

TOTAL CASH AT BANK AS CURRENT ASSETS

34,717 49,604

3 RECEIVABLES AS CURRENT ASSETS

Goods and Services Tax Receivable 3,666 3,907 Interest receivable 15,479 4,931 Trade Debtors 33,671 33,706 Less Provision for Doubtful Debts (2,000) (2,000)

TOTAL RECEIVABLES AS CURRENT ASSETS

50,816 40,544

4 INVESTMENTS AS CURRENT ASSETS

ANZ Executors & Trustees Deposit 386,561 -

ANZ Short Term Deposits 286,821 310,007 ANZ Premium Business Cash account - 438,703

TOTAL INVESTMENTS AS CURRENT ASSETS

673,382 748,710

5 INVENTORIES AS CURRENT ASSETS

Stock of Membership Supplies and Books 2,398 2,013

TOTAL INVENTORIES AS CURRENT ASSETS

2,398 2,013

6 PROPERTY, PLANT & EQUIPMENT

Office Equipment (at cost) 14,872 14,872 Less Provision for Depreciation (10,540) (12,242)

TOTAL PROPERTY, PLANT & EQUIPMENT 4,332 2,630

7 PAYABLE AS CURRENT LIABILITIES

Sundry Creditors 32,724 38,909

TOTAL CREDITORS & BORROWINGS 32,724 38,909

43

NOTES TO THE FINANCIAL STATEMENTS

FOR THE YEAR ENDED 31 DECEMBER 2008 (cont)

8 EMPLOYEE BENEFITS AS CURRENT LIABILITIES

Annual leave 14,197 16,321

TOTAL EMPLOYEE BENEFITS AS CURRENT LIABILITIES

14,197 16,321

9 EMPLOYEE BENEFITS AS NON-CURRENT

LIABILITIES

Long Service Leave 16,472 19,395

TOTAL EMPLOYEE BENEFITS AS NON-CURRENT LIABILITIES

16,472 19,395 10 RECONCILIATION OF OPERATING PROFIT

AFTER INCOME TAX TO NET CASH FLOW FROM OPERATING ACTIVITIES

OPERATING SURPLUS (DEFICIENCY) 69,877 47,880 Depreciation 3,745 1,702 Assets scrapped 3,257 -

CHANGE IN OPERATING ASSETS &

LIABILITIES

(Increase) Decrease in Prepayments (10,364) 18,744 (Increase) Decrease in Receivables (6,418) 10,272 (Increase) Decrease in Inventories 121 385 Increase (Decrease) in Payables 6,922 6,185 Increase (Decrease) in Employee Benefits 1,562

5,047

Increase (Decrease) in Fees in advance (9,935) -

NET CASH FLOW FROM OPERATING

ACTIVITIES

58,767 90,215

11 LIMITED LIABILITY OF MEMBERS

In accordance with its Memorandum of Association the Institute of Patent and Trade Mark Attorneys of Australia has not less than twenty members and each member undertakes to contribute a maximum of $2.00 in the event of winding up.

44


NOTE 2007 2008

12 FEES PAID TO AUDITOR Fees for audit services 5,405 5,559 Fees paid for non-audit services - accounting 1,923 1,772

7,328 7,331 13 BANK OVERDRAFT

Overdraft is unsecured..

14 TAXATION Due to the application of the principle of mutuality in taxation, the Institute has consistently shown tax losses in recent years so that substantial tax losses are carried forward. Realisation of these losses is not anticipated, so no deferred tax asset has been recognised.

15 FUTURE CONTRACTUAL COMMITMENTS AND CONTINGENCIES

Commitment for future rental of a Postage Machine $4265 (2007-$667)

Commitment to contribute $25,000 (2007 - $45,000) to Intellectual Property Research Institute of Australia for strategic alliance funding over a three year period which commenced 8th November, 2006.

A contingent liability estimated at $10,000 exists relating to legal costs

that may be incurred related to a case where the Institute has interest in the outcome on behalf of its members.

17 KEY MANAGEMENT PERSONNEL

The key management personnel of the Institute comprise the Board. No members received remuneration in their capacity as key management personnel.

18 TRANSITION TO AIFRS

For all periods up to and including the year ended 31 December 2004, the Institute prepared its financial statements in accordance with Australian generally accepted accounting practice (AGAAP). These financial statements for the year ended 31 December 2008 are prepared in accordance with Australian equivalents to International Financial Reporting Standards (AIFRS). Although some accounting policies have been modified as a result of the change, there were no material changes in amounts recognised in the financial statements as a result of the transition.

45

COUNCILLORS' REPORT

Your Councillors submit herewith the Balance Sheet and Revenue Statement for the financial year ended 31 December, 2008, in order to comply with Corporations Law the Councillors report as follows: The Councillors in office for the full year were:

Mr L K Allen Mr R H Baddeley Mr M J Caine Mr G L Cowin

Mr P J Davis Dr T J Davies Mr J M Dobbin Mr D C Griffith

Ms A H Makrigiorgos Mr S M Smith Mr A W Thomas Mr A J F Ward

The Councillor in office from 4/04/08 to 31/12/08 was:

Mr G J Gurr All Councillors are Fellows of the Institute who volunteer their services as members of the Council. The principal activities of the company in the course of the financial year were as a representative body of the profession of Patent and Trade Mark Attorneys in Australia and there has been no significant change in the nature of those activities during the financial year. The net surplus for the year was $47,880 on which no income tax is payable. No dividend is payable to members in accordance with paragraph 3 of the Memorandum. There are no likely developments in the company’s operations that will effect the expected results of operations in future years. The company's operations are not regulated by any significant environmental regulation under a law of the Commonwealth or of a State or Territory. As a result if the introduction of the equivalents to International Financial Reporting Standards (IFRS), the company’s financial report has been prepared in accordance with those standards. No matters or circumstances have arisen since the end of the financial year which significantly affected or may significantly affect the operations of the company, the results of those operations, or the state of affairs of the company in future financial years. Details of Councillors qualifications, experience, special responsibilities and attendances to meetings are included in the schedule attached to this report.

46

COUNCILLORS' REPORT (cont)

The company has paid an insurance premium of $4,374 during the year which partly includes cover to indemnify the Councillors named in this report against liabilities to third parties relating to their activities as Councillors. Since the end of the previous financial year, no Councillor has received or become entitled to receive a benefit (other than Councillors emoluments disclosed in the accounts) by reason of a contract made by the company with a councillor or with a firm of which a Councillor is a member or with a company with which a Councillor has a substantial interest. Compensation is paid to councillors who incur costs in academy activities. Auditor’s Independence Declaration. A copy of the auditor’s independence declaration as required under section 307C of the Corporations Act is set out below. Signed in accordance with a resolution of the Councillors.

………………………………… ………………………………… D C Griffith L K Allen President Vice-President

18th day of March, 2009 Melbourne

47

DECLARATION BY COUNCILLORS In accordance with a resolution of the Councillors of the Institute of Patent and Trade Mark Attorneys of Australia we, the undersigned Councillors, hereby declare that in the opinion of the Councillors:

1. the financial statements and notes, as set out on pages 35 to 43 are in accordance with the Corporations Act 2001:

(a) comply with Australian Accounting Standards and the Corporations

Regulations 2001; and (b) give a true and fair view of the company's financial position as at 31 December

2008 and of its performance for the year ended on that date; and

2. in the directors' opinion, there are reasonable grounds to believe that the company will be able to pay its debts as and when they become due and payable.

This declaration is made in accordance with a resolution of Councillors.

……………………..….…… ……………………………… D C Griffith L K Allen President Vice- President

18th day of March, 2009 Melbourne

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INFORMATION ON COUNCILLORS Leon K Allen Vice-President Qualifications: B.Sc. (Hons) Registered Patent Attorney - Australia and New Zealand Registered Trade Marks Attorney - Australia Experience: Member of IPTA Council since 1992 Special Responsibilities: Convenor of International Patents Committee Richard Baddeley Councillor Qualifications: B.E. (Hons) (Chem), LLB Registered Patent Attorney - Australia and New Zealand Registered Trade Marks Attorney - Australia Experience: Member of IPTA Council since 2000 Special Responsibilities: Convenor of Finance & Secretariat Committee Convenor of Fees Committee

Janelle Borham Councillor Qualifications: B.Sc. (Hons) (Chemistry) Registered Patent Attorney - Australia and New Zealand Registered Trade Marks Attorney - Australia Experience: Member of IPTA Council since 2007 Special Responsibilities: Convenor of Rules Committee Michael J Caine Councillor Qualifications: B.Sc. (Hons) Registered Patent Attorney - Australia and New Zealand Registered Trade Marks Attorney - Australia Experience Member of IPTA Council since 2001 Special Responsibilities: Convenor of Patents Legislation Committee

49

INFORMATION ON COUNCILLORS (cont) Graham L Cowin Vice-President Qualifications: Diploma of Mechanical Engineering Registered Patent Attorney - Australia and New Zealand Registered Trade Marks Attorney - Australia Experience: Member of IPTA Council since 1996 Special Responsibilities: Convenor of Education Committee Chair of IPTA Academy Convenor of Patents Practice Committee Trevor J Davies Councillor Qualifications: Bachelor of Science (Honours); Doctor of Philosophy;

Graduate Diploma of Industrial Property Registered Patent Attorney - Australia and New Zealand Registered Trade Marks Attorney - Australia

Experience: Member of IPTA Council since 2002 Special Responsibilities: Convenor of Ethics & Disputes Committee Convenor or Plant Breeders Rights Committee Paul J Davis Councillor Qualifications: Bachelor of Engineering (Manufacturing)

Bachelor of Business (Marketing) Registered Patent Attorney - Australia and New Zealand Registered Trade Marks Attorney - Australia

Experience: Member of IPTA Council since 2004 Special Responsibilities: Convenor of Membership Committee Jeremy M Dobbin Councillor Qualifications: MA(Oxon)

Registered Patent Attorney - Australia and New Zealand Registered Trade Marks Attorney - Australia Registered Patent Agent - United Kingdom European Patent Attorney

Experience: Member of IPTA Council since 2000 Special Responsibilities: Convenor of Designs Committee

50

INFORMATION ON COUNCILLORS (cont) David C Griffith President Qualifications: Bachelor of Engineering (Chemical) Registered Patent Attorney – Australia and New Zealand Registered Trade Marks Attorney – Australia Experience: Member of IPTA Council since 1994 Special Responsibilities: Convenor of Conference Committee Greg Gurr Councillor Qualifications: Bachelor of Engineering with Honours in Aeronautical

Engineering Bachelor of Applied Science with Distinction in Mathematics. Master of Engineering (Research) Graduate Diploma of Business (Research Management) Graduate Diploma of Legal Studies

Registered Patent Attorney – Australia and New Zealand Registered Trade Marks Attorney – Australia

Experience: Member of IPTA Council 2008 Responsibilities: Convenor of IP Australia Business Relations Committee Anne H Makrigiorgos Councillor Qualifications: B.Sc LL.M Registered Patent Attorney – Australia Registered Trade Marks Attorney – Australia Experience: Member of IPTA Council since 1998 Special Responsibilities: Convenor of Trade Marks Committee Stuart M Smith Councillor Qualifications: Bachelor of Engineering (Mechanical) Registered Patent Attorney – Australia Registered Trade Marks Attorney – Australia Experience: Member of IPTA Council since 2006 Special Responsibilities: Convenor of Public Relations Committee

51

INFORMATION ON COUNCILLORS (cont) Alun W Thomas Councillor Qualifications: Bachelor of Applied Science (Applied Chemistry)

Registered Patent Attorney - Australia and New Zealand Registered Trade Marks Attorney - Australia

Experience: Member of IPTA Council since 2005 Special Responsibilities: Convenor or Publications Committee Antony J F Ward Immediate Past-President, Company Secretary Qualifications: B.Sc. (Hons) LL.B Registered Patent Attorney - Australia Registered Trade Marks Attorney - Australia Chartered Patent Agent U.K. European Patent Attorney Experience: Member of IPTA Council since 1994

52

MEETINGS OF COUNCILLORS

During 2008, 8 meetings of Council were held.

Attendances were:

Council Meetings

No. Eligible to

Attend No. Attended

Leon Allen (long service leave) 8 4

Richard Baddeley 8 3 Janelle Borham (maternity leave) 8 3

Michael Caine 8 6

Graham Cowin 8 8

Trevor Davies 8 7

Paul Davis 8 6

Jeremy Dobbin 8 8

David Griffith 8 8

Greg Gurr 6 4

Anne Makrigiorgos 8 6

Stuart Smith 8 4

Alun Thomas 8 7

Tony Ward 8 2

53

AUDITOR’S INDEPENDENCE DECLARATION UNDER SECTION 307C OF THE CORPORATIONS ACT 2001

TO THE COUNCILLORS OF THE INSTITUTE OF PATENT AND T RADE MARK ATTORNEYS OF AUSTRALIA.

I declare that, to the best of my knowledge and belief, during the year ended 31

December, 2008 there have been;

(a) no contraventions of the auditor independence requirements as set out in the Corporations Act 2001 in relation to the audit; and

(b) no contraventions of any applicable code of professional conduct in relation to

the audit. Dated this 13th day of March, 2009

Peter Wills Cooke, Registered Company Auditor Shop 5, Llewellyn Place, Eumemmerring, Vic. 3177

54

INDEPENDENT AUDIT REPORT YEAR ENDED 31ST DECEMBER, 2008 Report on the financial report I have audited the accompanying financial report of the Institute of Patent and Trade Mark Attorneys of Australia which comprises that balance sheet as at 31st December, 2008 and the income statement of recognised income and expenditure and cash flow statement for the year ended on that date, a summary of significant accounting policies and other explanatory notes and the directors’ declaration. Directors’ Responsibility for the Financial Report The directors of the company are responsible for the preparation and fair presentation of the financial report in accordance with Australian Accounting Standards (including the Australian Accounting Interpretations) and the Corporations Act 2001. This responsibility includes establishing and maintaining internal control relevant to the preparation and fair presentation of the financial report that is free from material misstatement, whether due to fraud or error; selecting and applying appropriate accounting policies; and making accounting estimates that are reasonable in the circumstances. Auditor’s Responsibility My responsibility is to express an opinion on the financial report based on my audit. I conducted my audit in accordance with Australian Auditing Standards which require that I comply with relevant ethical requirements relating to audit engagements and plan and perform the audit to obtain reasonable assurance whether the financial report is free of material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial report. The procedures selected depend on the auditor’s judgement, including the assessment of the risks of material misstatement of the financial report, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity’s preparation and fair presentation of the financial report in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by the directors, as well as evaluating the overall presentation of the financial report. I believe the audit evidence I have obtained is sufficient and appropriate to provide a basis for my audit opinion. Independence In conducting my audit, I have complied with the independence requirements of the Corporations Act 2001. I confirm that the independence declaration required by the Corporations Act 2001, provided to the directors of the Institute of Patent and Trade Mark Attorneys of Australia on 13th March, 2009 would be in the same terms if provided to the directors as at the date of this auditor’s report. Auditor's Opinion In my opinion, the financial report of the Institute of Patent and Trade Mark Attorneys of Australia is in accordance with the Corporations Act 2001, including: (a) giving a true and fair view of the company’s financial position as at 31st December, 2008 and of their performance for the year ended on that date; and (b) complying with Australian Accounting Standards (including the Australian Accounting Interpretations) and the Corporations Regulations 2001. Dated this 20th day of March, 2009

Peter Wills Cooke, Registered Company Auditor Shop 5, Llewellyn Place, Eumemmerring, Vic. 3177

55

IPTA NINTIETH ANNUAL GENERAL MEETING

Minutes of the 2009, Ninetieth Annual General Meeting

of the Institute of Patent and Trade Mark Attorneys of Australia held at Hayman Island Resort, Queensland at 9.00am on Friday, 24 April 2009

1. OPENING OF MEETING

The Chairman, Mr David Griffith, opened the meeting and welcomed members and visitors present.

2. NOTICE OF MEETING AND AGENDA

The notice of meeting and agenda having been circulated were taken as read.

Carried 3. ATTENDANCE AND PROXIES

Attendance and proxies to be recorded. Members and visitors present are requested to record their attendance and holding of proxies on the forms under the following separate categories:

(i) Fellows Personally Present Allen, L K Anderson, E W Angliss, M L Baddeley, R H Beadle, T N Boehm, P A Borham, J S Caine, M J Carroll, J G Carter, C J Clarkson, R M Cowin, G L Cowle, A J Crump, D Davies, R J Davis, P J Dobbin, J M

Dummer, P C Fitzpatrick, B J Friedgut, M Gardner, J R G Goodhew, C T Grant, R Griffith, D C Griziotis, G Gumley, T P Gurr, G J Harrison, K M Heathcote, P R Hendry, G S Hind, R S Hodgkinson, H R Huntsman, P H Irani, S

Khajeh, M Leslie, K Lowe, A R Lucas, M A Macauley, C D Makrigiorgos, A H Martorana, A Massang, J R Massey, P D McKinley, D A Morcom, N B Morris, K B Murray, N W O’Donnell, M J O’Donnell, M T Odorico, N M Piper, J W

56

3. ATTENDANCE AND PROXIES (cont)

(i) Fellows Personally Present (cont) Port, M R Pryor, G C Roberts, M K Ryan, D J Simonetta, G

Smith, S M Spark, K A Stark, A J Stead, J E Thomas, A W

Ward, A J F Watson, D C Wilson, G A Winch, J P Wulff, S E

(ii) Fellows Represented by Proxy Corbett, T G Genocchio, E I McFarlane, W G Melville, T A

Sinclair, K J Smeeton, A R Terry, J Ware, S G

Webber, D B White, R

(iii) Other Members Present Brown, A W Burns, P A Davey, A Fung, S H Y Goldschmied, J C Heathcote, M

Horak, I P Lim, A S Y Martin, T M McKenzie, G D Newland, A M Parker, L A

Peh, M C Tendulker, G A Tuffery, D E Wolnizer, M

(iv) Visitors Present

Aarons, R Lyons, D Simpson, K

4. APOLOGIES

Beniac-Brookes, V A Chambers, G M Corbett, T G Cross, R N de Bruyn, P J Eadie, E Evans, A J Ferraloro, A Harwood, E J Hess, B J

Hughes, E J L Kong, W K T Lewis, B Lowe, C F Macken, P J Mills, J A Munday, B M Oberin, C J O'Brien, M E Parish, T J

Pini, M B Pullen, M A T Ryder, J A Santer, V B Sinclair, K J Smith, P R Tulloch, D L Ware, S G

5. INDIVIDUAL WELCOME

(i) Fellows at their First Annual General Meeting Anderson, E W Boehm, P A Crump, D

Grant, R Gumley, T P Harrison, K M

Hendry, G S McKinley, D A Stark, K A

57

5. INDIVIDUAL WELCOME (cont)

(ii) Other Members at their First Annual General Meeting Brown, A W Davey, A Fung, S H Y

Goldschmied, J C Martin, T M Newland, A M

Parker, L A Peh, M C Tendulker, G A

(iii) Overseas Members Present Nill

(iv) Visitors Present

Aarons, R Lyons, D Simpson, K

6. REMEMBRANCE OF: Mr Terry Collins (passed away 1/10/08) Mr Steve Wilson (passed away 15/8/08) Mr Geoffrey McKee (passed away 10/5/08) Mr Alfred King (passed away 18/4/08) Mr Griffith said this item was a sad item on the agenda. He spoke of Mr Terry Collins, a

Past President of the Institute. Mr Griffith called Mr Tony Ward to the podium who spoke of the late Mr Steve Wilson and Mr Geoffrey McKee. Mr Keith Leslie was called to the podium to speak of the late Mr Alfred King.

7. MINUTES OF THE EIGHTY-NINTH (2008) ANNUAL GENERAL M EETING It was moved by Mr Chris Goodhew and seconded by Mr George Griziotis that the minutes

of the Eighty-Ninth Annual General Meeting held on Friday, 4 April 2008 at the Langham Hotel, Auckland, New Zealand having been circulated be confirmed.

Carried

8. MATTERS ARISING FROM MINUTES OF PREVIOUS ANNUAL GEN ERAL MEETING

10. ANNUAL ACCOUNTS AND REPORTS Mr Baddeley spoke briefly to the Annual Accounts and Reports. There being no questions

on the accounts, it was moved by Mr Richard Baddeley and seconded by Mr Alun Thomas that the Annual Accounts and Reports for the financial year ending 31 December 2008 be accepted.

Carried

58

11. ACTIONS OF COUNCIL Having given due notice under Article 40, it was moved by Mr Malcolm Peh and seconded by

Ms Nadia Odorico: "That this Annual General Meeting of Members of the Institute of Patent and Trade Mark

Attorneys of Australia sanctions and confirms the various acts of the Council during the Session 2008/2009 and declares that the same be deemed to be the acts of the Institute".

12. APPOINTMENTS (i) Appointment of Auditor

Having given due notice under Article 40, it was moved by Mr Richard Baddeley and seconded by Mr Michael Caine:

“That members re-appoint Mr Peter Wills Cooke, Chartered Accountant, as Auditor for

the year ending 31 December 2009 and that the President of IPTA be authorised by members to sign an appointment letter on behalf of members.”

Carried

Mr Wills Cooke has indicated he is available for appointment. (ii) Appointment of Scrutineers for 2010

The meeting agreed that the scrutineers for 2010 would be Mrs Jennifer McEwan, Messrs

Colin Macauley, Mark Roberts, Howard Schulze and Lee Pippard. 13. PRESIDENTIAL ADDRESS A copy of the Presidential Address is attached to these minutes. 14. ELECTION OF OFFICE BEARERS Mr Griffith declared that the nominations received for Office Bearers and Councillors

were as follows: President Mr Leon Allen Vice-Presidents Mr Graham Cowin Ms Anne Makrigiorgos Councillors Mr Richard Baddeley Ms Janelle Borham Mr Michael Caine Dr Trevor Davies Mr Paul Davis Mr Jeremy Dobbin Mr Greg Gurr Mr Mark O’Donnell Dr Marguerite Port Mr Stuart Smith Mr David Tadgell

59

14. ELECTION OF OFFICE BEARERS (cont) As the nominations received for the positions of President and Vice-Presidents were equal

to the number of vacancies a postal ballot was not required. The meeting congratulated the President and Vice-Presidents on their appointment. Mr Griffith noted that Ms Makrigiorgos was the Institute’s first female Vice-President.

As the nominations received for Council exceeded the number of vacancies a postal ballot

for Councillors was held.

Mr Griffith declared the following Fellows had been elected to Council:

Mr Richard Baddeley Ms Janelle Borham Mr Michael Caine Dr Trevor Davies Mr Paul Davis Mr Jeremy Dobbin Mr Greg Gurr Mr Mark O’Donnell Mr Stuart Smith Mr David Tadgell

Note: Mr D C Griffith will remain ex-officio a member of Council under Article 58.

The meeting congratulated Councillors on their appointment. Mr Griffith thanked Ms

Marguerite Port for nominating for Council and encouraged her to nominate again. He noted Ms Port’s good work in establishing education sessions in Western Australia.

As Mr Griffith was standing down, he wished to take this opportunity to thank Councillors.

He could not have had two better Vice Presidents that Messrs Allen and Cowin nor a better Executive Secretary than Ms Tocchet. All have put in an exceptional effort. It has been a pleasure to work with them and have their support. He also thanked the members for their support.

Mr Griffith congratulated Mr Allen and handed him the chair. On behalf of Council and

members, Mr Allen sincerely thanked Mr Griffith for his hard work and spectacular effort as President. Mr Griffith put a stamp on his year as President in a couple of very important ways. Mr Griffith fostered a relationship with sister organisations in particular JPAA, ACPAA and AIPLA. Mr Griffith also put a lot of effort into developing the membership an has had a passion for increasing our corporate membership.

Mr Allen also thanked Mr Tony Ward whose term on Council had come to an end. Mr Ward had made a great contribution to IPTA during his time as a Councillor and as President.

Mr Allen thanked Mr Thomas who after five years on Council decided to step down. Mr

Thomas had made a great effort during his time on Council particularly with the Newsletter and fee matters.

60

15. GENERAL BUSINESS - Proposal for Changes to Membership Criteria. (Discussion only, no resolution will be put to the meeting) Mr Davis, Convenor of Education Committee spoke to the proposal for changes to the

membership criteria. Changes proposed including allowing Trade Mark Attorneys to become Fellows, whether there should be a distinction between Trade Mark Attorney and Patent Attorney Fellows, should the respective number of Fellows on Council (patent and trade marks) be restricted to reflect the workload of Council. Mr Davis sought comments from the floor.

Mr Chris Goodhew felt that trade mark attorneys should be able to become Fellows and be

on Council; he felt that once an attorney had met the criteria to become a Fellow there should be no distinction between Trade Mark Fellows and Patent Fellows.

Mr Des Ryan’s view was that whatever might be the merits of the Institute changing to

“IPTA”, he did not see much point in drawing a distinction and did not think the fear of being overrun by lawyers is quite as real as it was in the case of IPSANZ. It may not be in the case of IPSANZ that the fault lies entirely with the lawyers. It is our job as members of this Institute whose interests are effectively patent attorneys interests to guard those interests. He could not see any logic in us drawing a distinction in terms of voting power.

Unfortunately, there was insufficient time to discuss the five questions in the paper. Mr Allen

said we had heard from two speakers who were in favour of a unilateral change to allow trade mark attorneys to become Fellows of the Institute effectively without any further restrictions. A straw poll was held on this change and the majority of members present agreed that trade mark attorneys should be able to become Fellows.

Mr Allen said Council would consider these views but asked members to forward their input

on this proposal to Ms Tocchet. 16. ANNOUNCEMENTS Nil. 17. CLOSURE OF MEETING

The meeting was closed at 10.12am.

61

NINETIETH ANNUAL GENERAL MEETING

PRESIDENTIAL ADDRESS

I have great pleasure in presenting this Annual Report to members. IPTA is an active and healthy organisation. We have continued our engagement in a broad range of activities across the IP world over the last twelve months. Councillors and committee members have prepared some twenty five substantive submissions to government and various review committees. Numerous meetings with officials from IP Australia and the PSB have been attended to enhance our members’ and clients’ working relationship with the most important government bodies in our professional lives. We are very appreciative of our relationship with IP Australia. The time, energy, support and information they have given to IPTA has been exceptional. The new CPE regime has added an extra level of responsibility for IPTA beyond our traditional Academy efforts. We have provided a steady programme of events to assist members in meeting this obligation. Over 1500 participants have attended educational events organised by IPTA in the last 13 months. Our new website supports many of IPTA’s new initiatives and will shortly host webcasts of IPTA presentations. Our membership has grown substantially. We have successfully increased our membership by engaging with the growing number of corporate attorneys who have previously not had much experience with IPTA. We understand that our membership comprises over 90% of the Australian resident patent attorneys in active practice before IP Australia. IPTA’s members come from private practice firms, small and large; corporate practice; government and overseas. We aim to ensure all members benefit from IPTA’s activities. New special interest groups emerging within IPTA are the Young IPTA Group (YIPTA) and the Smaller Firm and Corporate Members group. We also now have Western Australian and South Australian Committees running to facilitate activities in those states. We have participated in meetings of sister organisations such as AIPLA, CIPA and ITMA. We are looking to hold regular educational events within Australia with these groups as well as JPAA and ACPAA. Within Australia we maintain close ties with other IP organisations such as FICPI, APAA, AIPPI, LES, IPSANZ, IPRIA and the Law Council IP Group. Our research sponsorship of IPRIA has been very helpful ensuring a co-operative relationship with this unique and valuable research establishment. The appointment of Dr Francis Gurry as the Director General of WIPO is an honour for the Australian IP profession and opens a new and more positive future for the organisation. We hope to see and honour Francis at an IPTA event in 2009/10.

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PRESIDENTIAL ADDRESS (cont) IPTA is in excellent financial health having kept our funds in cash for many years. I am personally very grateful to Linda Tocchet who is so supportive, able and responsive that I have never had a moment of worry in connection with any aspect of IPTA’s affairs. IPTA Councillors and their committee members have devoted a very large amount of personal time and interest to the benefit of our profession, and of course, our clients. The firms that have supported Councillors must also be thanked. I have also been very lucky to have two outstanding Vice-Presidents in Leon Allen and Graham Cowin who have carried out their roles superbly. Their enthusiasm, ability, willingness and experience have made my role and time as President very fulfilling and enjoyable. I take this opportunity to thank them both very sincerely. IPTA is in excellent hands. David Griffith President

proceedings 2008 - international accreditation forum 2008.pdf · 1965 - 1966 george howe rance 1967...

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