Welcome
Much of the world of intellectual property is based on the
work of those seeking to make improvements but sometimes
such efforts can lead to unexpected outcomes.

In this edition of Inspire, we look
at the ups and downs of trying
to effect change. It was hoped
that the much anticipated High
Court decision in Aristocrat v
Commissioner would provide clarity
as to the patentability of computer
implemented inventions. However,
as Helen McFadzean explains, rather
than improve the situation, the split
decision has perhaps left us with
more questions than answers.

Matthew Overett discusses the
efforts being made by Monash
University and Jupiter Ionics
to improve the efficiency of
ammonia production. While
ammonia is critical to the world’s
food production, its manufacture
is a significant contributor to
global carbon dioxide emissions,
demonstrating the potential
importance of this exciting research.

Engaging third party expertise to
improve systems and software may
seem like a great idea, but as the
decision in Campaigntrack v Real
Estate Toolbox shows, care must
be taken to ensure that you don’t
become liable for the wrongdoing
of an agent. Mellissa Wingard
reviews how the Full Federal
Court found liability for authorising
copyright infringement where
parties had been put on notice of
the risk of infringement but took
no reasonable steps to prevent it.

Also in this edition, Anita Brown
provides some special comments
on USGA’s swing and miss, Peter
Wassouf considers the significance
of defining the technical field of
an invention, and Russell Waters
warns of the dangers of not
complying with court orders.

Adrian Crooks, Principal
BEng(Civil)(Hons) LLB LLM FIPTA
adrian.crooks@pof.com.au Inspire November 2022
Phillips Ormonde Fitzpatrick
acquires Brand Haven
2 Phillips Ormonde Fitzpatrick is pleased to announce the
strengthening of its Trade Marks practice team with
the acquisition of NSW-based IP firm, Brand Haven.

Brand Haven will be fully integrated into Phillips
Ormonde Fitzpatrick. Director and Principal of Brand
Haven, Philip Macken, will be joining Phillips Ormonde
Fitzpatrick on 1 November as Special Counsel. Phil is
a registered patent and trade mark attorney with over
30 years’ experience in the field of intellectual property.

Brand Haven was formed at the start of July 2017
and has specialised in assisting clients to create,
protect and maintain all rights relating to trade marks.

The ongoing management and care of matters handled
by Brand Haven will be conducted by Phillips Ormonde
Fitzpatrick. Phil will continue to perform, manage
and supervise work carried out on for Brand Haven’s
clients, as part of Phillips Ormonde Fitzpatrick.

Ross McFarlane Managing Principal said: “Phil is an
outstanding addition to the Phillips Ormonde Fitzpatrick
team, bringing with him a depth of experience and client
focus that is so important. I am excited that he and the
Brand Haven practice are to become part of Phillips
Ormonde Fitzpatrick and contribute to our growth.”