AIPPI is delighted to present a Rapid Response seminar on the High Court of Australia’s decision in Self Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd [2023] HCA 8 which was delivered on 15 March 2023. We are extremely fortunate that Justine Beaumont SC and Gabriella Rubagotti (who were appointed at the request of the Court as amicae curiae in the matter) have agreed to join our panel. Bill Ladas, intellectual property Partner at King & Wood Mallesons will lead the discussion of this important case. The High Court’s unanimous judgement delivers an emphatic answer to the question of whether the reputation of a registered mark in an action for infringement under s 120(1) of the Trade Marks Act 1995 (Cth) is relevant. In the Court’s own words, it held that “the so-called reputation principle in the context of an infringement proceeding under s 120(1), in all its forms is rejected”. The panel will discuss the Court’s reasoning and its implications.

The event will be chaired by Matt Swinn, President of the Australian Committee of AIPPI.

Justine Beaumont SC

Justine is a member of Nigel Bowen Chambers and was appointed Senior Counsel in 2022. She has nearly 30 years of commercial litigation experience, with a particular focus on intellectual property and media, technology and telecommunications law. Justine has appeared in many important intellectual property cases, including as contradictor and amica curiae in Self Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd [2023] HCA 8. Justine regularly appears for participants in a wide range of industries including the media, pharmaceutical, manufacturing, consumer goods, sports and fitness industries, as well as for Government.

Gabriella Rubagotti

Gabriella is a member of Nigel Bowen Chambers and was called to the bar in 2010. She is an experienced commercial barrister with a focus on intellectual property. Gabriella has appeared in many significant intellectual property cases, including as contradictor and amica curiae (led by Justine Beaumont SC) in Self Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd [2023] HCA 8. Gabriella advises and appears for participants across the media, technology, medical device, pharmaceutical, FMCG, financial, agricultural and manufacturing industries.

Bill Ladas

Bill is an intellectual property Partner at King & Wood Mallesons with an infectious enthusiasm for trade mark law. Bill acts for high profile clients in a range of markets across the full spectrum of contentious and non-contentious trade mark matters. 

Matthew Swinn

Matt is a Managing Partner and recognised intellectual property litigation specialist at King & Wood Mallesons. Matt has extensive experience in complex intellectual property disputes covering patent, trade mark, confidential information and consumer protection/passing-off matters. Matt is the current President of the Australian Committee of AIPPI.