Welcome
In this edition of Inspire, James Burnley examines the increasing reliance
on the ground of best method by generic pharmaceuticals seeking to
invalidate patents and enable market entry for their products. Defending
a best method attack can present significant challenges to a patentee and
if successful can result in a patent being found invalid in its entirety.

While new applications of technology
like blockchain can generate plenty
of interest, as Melissa Wingard
explains it pays to step back and
understand the legal rights and
obligations which can arise. The
excitement of acquiring a shiny new
NFT might quickly be quelled once
you realise the limitations of the
rights you have acquired, or that the
work you thought you had purchased
has disappeared completely because
a website no longer exists.

For many innovators, the
commercialisation of a new technology
will involve working with third
parties. However, as Peter Wassouf
discusses by reference to the
decision in Key Logic v Sun Wizard,
in the race to meet commercial
objectives it is important to maintain
appropriate confidentiality with
respect to the disclosure of new
developments in order to maximise
the value of the intellectual
property derived from them.

Also in this edition, David Longmuir
explains the recently announced
Patent Box scheme targeted at
the medical and biotechnology
sector, Malcolm Bell reports on
some alternative approaches
to seeking security for costs
in legal proceedings,
Russell Waters explores the pitfalls
of adopting trade marks which have
a descriptive character, and we say
congratulations to our new principals.

Adrian Crooks, Principal
BEng(Civil)(Hons) LLB LLM FIPTA
adrian.crooks@pof.com.au POF recognised as a leading firm
in MIP IP Stars Awards 2021
Inspire June 2021
We are delighted that POF has been recognised
as a top Australian IP firm in the MIP IP Stars
Awards for 2021, achieving the following awards:
2 > ‘Trans-Tasman IP Firm of the Year’;
> ‘Trademark (Patent & Trademark Attorney Firms)
Firm of the Year’; and
> the Australia ‘Impact Case of the Year award’ for our
work in Meat and Livestock Australia v Branhaven.

We have also achieved a Tier 1
ranking for Trade Mark and Patent
Prosecution. In addition, POF
Principals Michael O’Donnell,
Russell Waters, Edwin Patterson,
Alyssa Telfer and Ross McFarlane,
and Special Counsel Saskia Jahn,
were all named as IP Stars for their
fantastic work in the last year.

MIP is a highly regarded directory
for intellectual property firms
and practitioners around the
world. Winners are selected
based on extensive reviews of
supplied case material, as well
as feedback obtained from our
clients and trusted associates.

These achievements are a reflection
of our professionals’ calibre of
work and commitment in providing
exceptional client service.

“At Phillips Ormonde Fitzpatrick
we are focused on building a team
of great people who do great work
for our clients. Genuine interest in
our clients and how to best use IP to
deliver successful business outcomes
is at the heart of everything we do.

Awards such as these are a nice pat-on-
the-back for the efforts of our people.”
Ross McFarlane, Managing Principal



Phillips Ormonde Fitzpatrick
promotes two new Principals
Marine Guillou
Danielle Burns
Marine specialises in anti-counterfeiting programs,
customs proceedings and training, and advising
clients on trade mark prosecution. Marine has built
the largest anti-counterfeiting practice in Australia.

Prior to moving to Australia and joining POF, Marine
was notably in-house lawyer for the French anti-
counterfeiting Group, Union Des Fabricants (Unifab),
and worked as an anti-counterfeiting area Manager
with Société Bic. Marine has participated in working
groups such as Interpol Intellectual Property Crime
Action Group and Global Anti-Counterfeiting Group.

Danielle has extensive experience as a scientist
and as a patent attorney with expertise in patent
strategy, protection and enforcement in the
Biotech sector. She has a strong understanding
of global patent and regulatory exclusivities
(including data and market exclusivities) and has
facilitated entry of several biopharmaceuticals
(including antibodies and antisense molecules),
diagnostics, cellular therapeutics, and agricultural
products (including transgenic plants) to market.

Danielle has a diverse client base – working with
several local and overseas biotech companies,
including small to medium entities, big pharmaceutical
and generics/biosimilar companies as well as
academic institutions to strategically protect their
intellectual property and facilitate market entry.

“These two promotions reflect our confidence in
the future of Phillips Ormonde Fitzpatrick coming
out of the COVID-19 pandemic, and continue our
development of client-focused talent within the firm.

Marine and Dani are both dynamic professionals,
and they are a testament to our strong and diverse
pipeline of future leaders. We value their outstanding
practice management, cross-firm teamwork and
professional excellence. I look forward to their
contribution to the ongoing success of our firm”
Ross McFarlane, Managing Principal
Inspire June 2021
We are excited to announce that Marine Guillou and Danielle Burns
have been promoted to Principals of the firm, effective 1 July 2021.

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