Andrew Wiseman - Allens Arthur Robinson

Andrew Wiseman is an intellectual property and technology lawyer and has built his reputation through his work for high-profile international and domestic clients across many industries, including pharmaceutical, biotechnology, music, advertising, food and beverages, on patent, trade mark, confidentiality, copyright, marketing, distribution, licensing and many other issues. This has involved identifying, developing, protecting, commercialising, transferring and restructuring intellectual property and related assets.

From start-ups to blue chip Australian and international clients, universities and other government instrumentalities, Andrew Wiseman’s experience takes in the spectrum of arrangements from spin-offs, IPOs, mergers, stock and trade sales, franchising, pure licensing and other structural options. Andrew Wiseman has the benefit of a litigation and a commercial background and accordingly is strongly equipped to deal with issues from both a contentious and non-contentious perspective.

Companies benefiting from Andrew Wiseman’s strategic and commercial input on their intellectual property and technology matters include Pfizer, Schering-Plough, Dunkin’ Brands, Yum! Brands, Nestlé, Ricoh, G-Star, Seiko, Heineken Lion, Dairy Foods, Unica and IntraLinks. More recently, Andrew has assisted biotech companies (including start-ups) in Australia, including Human Genetic Signatures, Life Therapeutics, EnGeneIC and Ultraceuticals. Andrew Wiseman advises significantly on branding, labelling and other regulatory issues (including within specialist regulatory environments for the food and beverages and pharmaceutical industries – eg, Medicines Australia, ASMI and APVMA). This has included product liability and labelling product recalls and withdrawals. In the patent world, Andrew Wiseman has been involved in many infringement, revocation and opposition cases and has helped many owners of rights protect their rights and exploit them efficiently and effectively. Sony BMG Music, Sony/ATV Publishing and Sydney Symphony Orchestra and other entertainment businesses seeks Andrew Wiseman’s ongoing intellectual property advice and representation on copyright infringement and other litigation proceedings and in meeting the challenge of new technologies.

Andrew Wiseman has a strong franchising and distribution practice having assisted Baskin-Robbins, Ricoh and Dairy Farmers on the recent restructuring of their franchise operations in Australia and providing strategic advice to Jim Beam and Peugot Automobiles Australia in their operations in Australia and the Asian region.

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Allens Arthur Robinson IP

Allens Arthur Robinson’s IP Practice has received the following awards:

* Leading Australian IP Firm 2008 – Chambers Global: The World’s Leading Lawyers
* Leading Australian Patent Litigation Firm 2007 – Managing Intellectual Property
* Leading Australian Trademark and Copyright Litigation Firm 2007 – Managing Intellectual Property
* Leading Australian IP Firm 2007 – PLC Which Lawyer? Yearbook
* Leading Australian IP Firm 2007/08 – Asia Pacific Legal 500

Allens Arthur Robinson’s intellectual property practice gives you access to a streamlined service from some of the world’s top intellectual property practitioners. They are known for their pragmatic, commonsense approach. Allens Arthur Robinson combines the skills of our commercial and litigation intellectual property lawyers with those of their integrated Patent & Trade Marks Attorneys firm allowing them to offer a comprehensive intellectual property service. Allens Arthur Robinson has successfully acted for clients in major litigation proceedings relating to infringement of patents, trade marks, copyright and designs rights, as well as breaches of confidence and information technology rights. Their experience extends throughout the region, particularly in China, but also in Singapore, Thailand, Japan, Taiwan, Malaysia, India, the Philippines and South Korea. Clients include Pfizer, Sony and FOXTEL.

IP Partners in Allens Arthur Robinson

Justine Beaumont (Special Counsel)
Chris Bird
Andrew Butler
Fred Chilton
Dr Trevor Davies
John Dieckmann (Special Counsel)
Jim Dwyer
Tim Golder
Richard Hamer
Philip Kerr
Sarah Matheson
Jackie O’Brien
Miriam Stiel
Andrew Wiseman
David Yates

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Intellectual Property Strategy Forum 2.0

Intellectual Property Strategy Forum 2.0 is highly interactive and practical forum, specifically designed to serve as a learning platform bringing together leading intellectual property professionals to exchange ideas on how to:

* Leverage existing intangible assets
• Protect your brand
• Develop corporate value through IP
* Gain competitive advantage

February 20-22, 2008 - Sydney Marriott Hotel

Speakers include:

Intellectual Property Strategy Forum 2.0

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Justice French - Making your own fun in intellectual property law

Making your own fun in intellectual property law - Justice Robert French provides an entertaining light-hearted look at intellectual property law and its lawyers. Justice French also reveals a few things he learnt as a judge and a practitioner acting for Wray and Associates.

“Last year I presided on a Full Court appeal about the Viagra patent. I was looking forward to an exploration of the ecstasy and mystery of human love. Instead we found ourselves with Pfizer and Eli Lilly on a quest for a “workable erection”. We were accompanied by a host of imaginary but unimaginative PhD graduates. They were keen to show us that, having read about strips of penile tissue relaxing in an organ bath of sildenafil, they knew how to make Viagra without even thinking about it. Not surprisingly, their arguments didn’t get up.”

“Take the Millenium Bug … I am not speaking here of the fin de siecle numerical glitch that was going to spell the end of civilisation as we knew it. No, I am talking about a lolly and its shape which I described in the relevant judgment as ‘… a confectionary of fruit flavoured gelatinous composition. It comprises a central body which resembles a section of a sphere with a curved upper surface and a flat lower surface. There are two oval eyes on the body and three short stylised ‘legs’ on either side of the body symmetrically disposed about the eyes’ It shape as a trade mark was the issue. Was this humble geometrical section “inherently distinctive? And the really big question - was its shape part of the ‘common heritage of mankind”? What a question. In the Full Court of the Federal Court we chewed on it metaphorically speaking.”

Justice French also urged collaboration to “ensure that in Western Australia both the practitioners and the Court can offer a service of national and international excellence”.

December 2006 edition of Intellectual Property Forum

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Blake Dawson Waldron - IP Bites

Brief news reports from�Blake Dawson Waldron’s IP@BDW publication�

• Rapid rise in domain name dispute resolution - “The World Intellectual Property Organisation (WIPO) Arbitration and Media Centre recently reported that it has handled over 25,000 internet domain name cases since its adoption of the Uniform Dispute Resolution Policy (UDRP) and Specific Registry Policies.” (Sarita Walpola, Lawyer)
• �Dove Summer Glow� campaign misleading�- “In Johnson & Johnson Pacific Pty Ltd v Unilever Australia Limited (No 2) [2006] FCA 1646, handed down on 29 November 2006, the Federal Court found that certain representations made in Unilever�s Dove Summer Glow advertising campaign amounted to misleading and deceptive conduct in contravention of section 52 of the Trade Practices Act 1974 (Cth).” (Georgia Knox, Summer Clerk)
• WIPO registers 900,000th trade mark under Madrid Protocol - “On 27 October 2006 the World Intellectual Property Organisation (WIPO) announced the registration of the 900,000th trade mark under the international registration system established by the Madrid Agreement and Madrid Protocol. At the current rate of trade mark filings, WIPO expects the one million mark will be reached during 2009.” (Sarita Walpola, Lawyer)
• Pfizer successful in trade mark dispute - “Pfizer Products Inc. (Pfizer), owner of the VIAGRA trade marks, has successfully challenged the registration of the marks HERBAGRA, HERB AGRA and HERB-AGRA by Joseph Karam (Karam).� Karam sought to register these marks in respect of the goods in class 5 described as herbal medicines used to aid health, vitality and sexuality.” (Tim Creek, Articled Clerk)
• Kazaa settles 3 US lawsuits -”Kazaa, the Australian-operated peer to peer file-sharing network, has reached an agreement in principle to settle proceedings brought by the US National Music Publishers Association.” (Arthur Artinian, Lawyer)
• Sweet smell of success - “In the UK, L�Oreal has succeeded in a trade mark infringement action against 7 companies that imported and distributed look-alike versions of two of L�Oreal�s products, Tresor and Miracle.” (David Chin, Lawyer)

Link to�Blake Dawson Waldron article�

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Pfizer (Viagra) successfully appeals in the Federal Court to oppose Karam’s Herbagra mark

Pfizer Products Inc v Karam [2006] FCA 1663 - http://www.austlii.edu.au/au/cases/cth/federal_ct/2006/1663.html

First Glance

Pfizer (Baker & McKenzie acting) has successfully appealed a decision by the Registrar of Trade Marks to accept the registration of the trade marks HERBAGRA, HERB AGRA and HERB-AGRA.

Background

The trade marks were filed by Joseph Karam (Matthews Folbigg Pty Ltd acting) in class 5 for “herbal medicines used to aid health, vitality and sexuality”.

Pfizer is the registered owner of the marks VIAGRA: No. 680407 in respect of goods in class 5 for “pharmaceuticals including compounds for treating erectile dysfunction” and No. 864135 in respect of goods in class 5 including “Analgesics, biological preparations for medical purposes, candy for medical purposes, capsules for pharmaceutical purposes, chemical preparations for pharmaceutical and medical purposes, dietetic beverages adapted for medical purposes, dietetic foods adapted for medical purposes, dietetic substances adapted for medical use, digestives for pharmaceutical purposes, glucose for medical purposes, herbal preparations, medicinal herbs, herb teas, medicinal infusions, medicinal drinks, medicinal oils, hops (extracts of-) for pharmaceutical purposes … medicinal tonics, (and) vitamin preparations …”.

Decision

Pfizer succeeded in establishing the ground of opposition under section 60 of the Trade Marks Act 1995. Gyles J was satisfied that the trade mark HERBAGRA (in respect of the designated goods) would be deceptively similar to the trade mark VIAGRA, which had acquired a reputation in Australia prior to the application for HERBAGRA, and that because of the reputation of VIAGRA, the use of HERBAGRA would be likely to deceive or cause confusion”. However, Gyles J did not find sufficient evidence to support sections 43 or 44 for opposition.

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