The Gatherer - Volume 9

Volume 9

EXTRACTING THE GOOD OIL AI in the oil & gas industry

THE AUSTRALIAN MADE CAMPAIGN ‘Buy local’ policies to help Australian resurgence

Could your organisation benefit from an IP healthcheck?

DECLUTTER YOUR TRADE MARK PORTFOLIO

Achieving a competitive advantage through searching

We are pleased to welcome Dr Mary Turonek to our Perth Chemistry, Resources and Oil & Gas Teams. With a PhD in physical and inorganic chemistry Mary specialises in the oil and gas sector as well as mineral processing, hydrometallurgy, mining processes and equipment, electrochemistry and battery technology, pharmaceuticals, water treatment, waste management technologies and general engineering. With such impressive credentials we are thrilled she has joined us at Wrays!

investing in R&D for new products, a well-executed IP strategy should be able to inform the business about the competitor IP landscape and risk of infringement of third party IP rights. This intelligence then feeds into R&D investment decisions and guides the R&D team about whether any work- arounds are required. The business then needs to seek IP protection early, prior to any disclosure or commercial use, so proprietary rights can be secured. Additionally, there needs to be buy- in from every level of the business into the IP strategy and clarity about their specific role for implementation of that IP strategy for the business. Senior management should treat its IP strategy as an integral part of the overall risk strategy for the business and have appropriate governance processes in place. Middle management has an important role to ensure there is capture of IP within the organisation and to promote an innovation culture within the organisation. And every employee needs to be able to identify IP within the business and feel confident about participating in an appropriate assessment process.

Mary, everyone who meets you will notice how much enthusiasm and energy you bring to the world of IP. What excites you every day in your job? As a patent attorney you have the unique privilege of learning about new technologies and engaging with businesses that value innovation. It’s such a stimulating environment. I meet and work with lots of people who are experts in their field and you never really know what the next invention will be. The prospect of getting the best outcome for clients – persuading a recalcitrant examiner to accept the patent or a win at a hearing - also appeals to the competitive side of me. You started your career as a chemist in an academic role. What made you decide to become a patent attorney and in particular, focus on the area of oil and gas? Honestly, my decision to become a patent attorney was a leap of faith – I really didn’t know what to expect and wondered whether I would be pushing paper and tied to the desk. From day one I have never looked back. I love getting out to client premises and seeing the invention first hand, either in development or

practice. Best day ever was when I donned hard hat and steel cap boots and clambered over an LNG pilot plant. I was fortunate to begin working with local oil & gas clients in 2005 when Western Australia was on its way to becoming a leading LNG producer. My practice grew and diversified over time to span upstream and downstream technologies, in particular offshore and subsea engineering, natural gas processing, LNG production, refrigerants, shipping logistics and GTL processes. I’ve also had the opportunity to work with major international oil producers and oil-field service providers which has been a wonderful learning experience. The nature of your work means that you have the privilege of being at the beginning of the innovation journey. In your experience, what is a common factor for any business to ensure the success of innovations? It’s essential that there is alignment of the IP strategy with the business’ commercial strategy, otherwise the business is not going to fully realise the value of its innovation. In particular, the IP strategy should follow the innovation cycle. For instance, before

IN THE SPOTLIGHT WITH MARY TURONEK

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. . . I always encourage my STEM students to broaden their interests beyond STEM and develop an appreciation of the arts and get involved in other student activities. ” “

TRADE MARK OPPORTUNISTS

What key intellectual property issues are your clients in the oil and gas industry currently facing? Emerging technologies such as automation, IOT, machine learning and AI provide an enormous amount of data from which rich insights about operations, maintenance, productivity and efficiencies can be gained. Issues such as controlling access to the data by third parties, misconceptions about ownership of data, and developing new business models to extract value from these data sets are relevant to not only the oil and gas industry but health, agritech, mining, finance – the list goes on. It’s incumbent on IP professionals to present pragmatic advice and solutions to these issues for their clients. I also think it’s important to keep abreast of how other industry sectors are grappling with these issues to see where analogous approaches might be useful. There is a lot of pressure on the oil and gas industry to develop engineering solutions for sustainable development. What new technologies do you see emerging in this industry that will work towards achieving this goal? Industry 4.0 technologies mentioned above will obviously be very important to reduce greenhouse gas emissions and increase efficiencies around energy consumption. But I think there will also be a trend towards investment and development of alternative sustainable energy technologies such as hydrogen and energy storage as this sector transitions from fossil fuel to a broader spectrum energy sector.

The process of protecting intellectual property can, in many cases, take a number of years. How do you manage the long-term relationship with your clients to achieve the best commercial result? Regular communication with the client is key – ensuring that the IP strategy continues to be fit for purpose can only be achieved by understanding changes to the client’s business landscape and how they are adapting their business strategy accordingly. I find it particularly rewarding when my input and the questions I raise leads my clients to explore other avenues which hadn’t occurred to them. You enjoy sharing your passion and knowledge of IP by mentoring students in STEM. What new challenges are students facing today and what advice do you give them? The pace of technological change is so fast that the challenge for many STEM students is that they feel they are preparing themselves for a career unknown – one that hasn’t been ‘invented’ yet. How do they know if they are on the right path? While STEM inherently develops critical thinking, analysis and problem-solving skills which can be readily transferred to a range of careers, it is also important to develop ‘soft skills’ like communication, storytelling and creativity. So I always encourage my STEM students to broaden their interests beyond STEM and develop an appreciation of the arts and get involved in other student activities. Regardless of where their career path takes them, it will always be important to communicate effectively and collaborate with others.

T rade mark opportunists are everywhere. In the USA, an IP lawyer filed a TM application for SUSSEX ROYAL apparently to “teach the royal couple a lesson”. While I don’t agree that lawyers should be “teaching lessons” in this way, this had me wondering: do we have an opportunist here in Australia?

In early January 2020, a private individual filed a trade mark application for SUSSEX ROYAL in relation to clothing. Let us assume for a moment that this individual was not authorised to do so. While the individual probably assumed the Australian trade mark register was clear (it would have looked clear at the time of filing), what he did not know was that the (former) royal couple had (at the time) a pending International Application for the same mark covering clothing in Australia. Since the couple’s International Application was filed earlier in time, it would leap-frog the opportunist’s application and initially block it. In Australia, it is also important to remember that you need to have a good faith intention to use the mark before filing (otherwise your mark can be removed), and filing an application in bad faith is a ground of opposition. All of this is the timely lesson in pre-filing searching and the requirement for good faith! Interestingly, at the time of publication, the International Application for SUSSEX ROYAL filed by Harry and Meghan’s foundation has since been withdrawn. As a result, it will no longer be an obstacle to the Australian opportunist’s registration for SUSSEX ROYAL in relation to clothing. That

said, the applicant may still encounter an obstacle on the basis that it has applied to register a mark containing a misleading or deceptive connotation – i.e. that the applicant is affiliated with the royal family in some way when it is, in fact, not. Since this application has yet to be examined, or published for opposition, its fate remains to be seen. Finally, it is worth mentioning that another opportunist also filed an application for SUSSEX ROYAL in January 2020 (shortly after the one mentioned above) but covering perfumes and cosmetics instead. Interestingly, Harry and Meghan’s original application did not cover these goods, so it probably would not have been blocked at the examination stage by IP Australia on this basis, although it could still be blocked (and also opposed by Harry and Meghan) on grounds that it contains a misleading or deceptive connotation.

ADRIAN HUBER Special Counsel

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. . .Knowledge of any notable IP opportunities may in-turn help to inform or better direct R&D & commercial activities. . .

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M ore and more companies are starting to appreciate that their valuable IP assets can do more for their businesses than just safeguard proprietary technologies. Whether they are helping to maintain a competitive advantage, attract interest and investment for the business, or enabling different income streams to be realised, key IP assets can add value for a business in many different ways. It is no surprise then that business owners and directors are more frequently asking their managers and senior leaders about IP issues and what their organisations could be doing better to manage and safeguard their IP assets. Yet, whilst the importance of IP strategies, IP policies and associated IP management frameworks are more readily being discussed, the actual development and implementation of these valuable tools and materials are often perceived as complicated and involved, and hence can remain as ‘nice to haves’ rather than essential requirements for the business. As a result, it is not uncommon for IP management enhancements to progress quite slowly, if at all, within many organisations.

–– How communications with and costs incurred by IP service providers are managed –– Whether the company has an IP register (or the like) and uses other information management tools to capture key details, due dates and next actions for its formal and informal IP rights –– To what degree IP is considered in regular R&D, engineering, BD and commercial activities –– Whether the company actively uses other (often free) defensive mechanisms to protect its IP assets –– What level of IP awareness exists within different levels of the business. As well as providing an enhanced understanding of an organisation’s IP position and recommendations for bolstering the approach taken towards IP management, working through some or all of the above items can importantly help identify any significant IP risks, and opportunities, that may exist. Any such risks can then be more readily mitigated and hence prevented from developing into more engrained issues which may become more problematic and difficult to resolve in the longer term. Knowledge of any notable IP opportunities may in-turn help to inform or better direct R&D and commercial activities in the near- term such that these can be exploited sooner than later for the benefit of the business.

If this sounds all too familiar, a higher- level IP HealthCheck may prove to be a better starting point and a particularly worthwhile exercise for your business. When done properly, and with appropriate consideration given to certain key IP management principles, specific IP issues requiring more immediate attention together with other notable IP risks for the business can be readily identified and qualified. This can then enable any such issues to be addressed and rectified in the nearer term while longer term more holistic IP management measures can continue to be developed and implemented. Underpinned by an understanding of what the current business strategy is, what role IP can or is intended to play in supporting that strategy, and what an organisation’s current IP position is, a best practice IP HealthCheck may include consideration of any number of the following key IP issues and enquiries: –– Where within the business IP is created and how it is being identified and captured –– What mechanisms, if any, are used to evaluate and protect IP assets –– What knowledge of the ‘IP Landscape’ exists in the company’s industry/technology areas –– Whether designated or default ‘IP Champions’ exist within the business –– Whether any key IP ownership and access issues exist that need to be resolved

Whether your organisation is a manufacturer/supplier, a technology developer, or a service provider that is doing things a bit differently, an IP HealthCheck may be well worth considering to kick-start or help bolster your IP management endeavours. Alternatively, an IP HealthCheck can be used to help understand or evaluate whether the current IP management approach is working for your business. Recognising that IP may often represent the most significant asset for certain organisations, it should obviously be protected and managed just like any other important business asset, and an IP HealthCheck can certainly help clarify whether enough is being done to safeguard that core business asset or not. Wrays’ IP management and strategy specialists have considerable experience in conducting IP HealthChecks across a wide range of business and technology sectors and would welcome the opportunity to discuss what an initial IP HealthCheck may involve for your organisation.

HOW YOUR ORGANISATION COULD BENEFIT FROM AN IP HEALTHCHECK

ALBERT FERRALORO Principal

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‘Buy local’ policies to help Australian resurgence THE AUSTRALIAN MADE CAMPAIGN

To register to have your products certified as genuinely Australian, visit www.australianmade.com.au.

In nearly every product category, there is an Australian option, from furniture, bedding and health products, through to building materials, industrial products and office consumables. “So let’s leverage this unique skill- set on our doorstep to help build our infrastructure, furnish our schools and new building developments, provide beds and health enhancements for our healthcare facilities, or to simply keep our offices stocked with everyday supplies from Australian makers,” said Mr Lazzaro. For businesses seeking to identify potential Australian product suppliers, go to www.australianmade.com.au — the world’s largest online directory of genuine Australian Made products. Mr Lazzaro said given the rise in demand for locally made and grown goods by consumers and businesses alike, it was important for producers to market their products with prominent country-of-origin branding.

BEN LAZZARO CEO at Australian Made Campaign Ltd

The Australian Made Campaign (AMCL) is calling on Australia’s business community and all levels of government to adopt ‘buy Australian first’ procurement policies, to help fast-track the country’s resurgence as it plans its recovery from the impact of COVID-19. The Federal Government’s recent commitment to support an increase in the domestic manufacturing of critical products such as medical supplies is a good start, however there is more that can be done.

According to AMCL Chief Executive, Ben Lazzaro, a coordinated push to ‘buy local’ has the potential to play a big part in getting Australia back on line. “Australia’s economic landscape will be forever changed, however there is an opportunity for federal, state and local governments, as well as Australia’s business community, to take the lead and put policies in place that prioritise genuine Aussie products for major projects, supply contracts and everyday consumables,” he said. “Reinvesting in local industry and local jobs through sustainable purchasing policies will go a long way towards helping Australia bounce back.” Research conducted by Roy Morgan Research in 2017 found that while three quarters of businesses had a preference for buying Australian products, only 26% of those surveyed were found to have an official policy in place. “The time is right to transition that preference into written policy,” said Mr Lazzaro. “It comes at a time when there is also increasing awareness of the high quality and safety standards Australian producers must meet, as well as demonstrable value for money over product lifecycles—important considerations for procurement professionals.”

Australia’s overreliance on imported products has been highlighted during the COVID-19 pandemic. “It’s time to address this imbalance,” said Mr Lazzaro. “Let’s take a long- term view and increase our level of manufacturing self-sufficiency. While there will always be a requirement for imports, it’s important we get the balance right between local and offshore manufacturing, to ensure Australia’s long-term prosperity.” Australian manufacturers have already demonstrated their capacity to adapt and innovate during these challenging times, with many re- tooling to produce much-needed medical supplies and equipment. “It’s important that we don’t neglect this enormously effective resource,” said Mr Lazzaro. “Australian manufacturers produce products made to some of the highest quality and safety standards in the world, while at the same time creating local economic activity and employment opportunities.”

ABOUT THE AUSTRALIAN MADE, AUSTRALIAN GROWN LOGO The green-and-gold Australian Made, Australian Grown (AMAG) logo is the only registered country- of-origin certification trade mark for the full range of genuine Australian products and produce. It has been helping Australian consumers, farmers, processors and manufacturers for more than thirty years. The AMAG logo can only be used on products that are registered with the not-for-profit organisation Australian Made Campaign Limited. The strict set of rules governing the logo’s use also require that it must always be used with one of five descriptors; ‘Australian Made’, ‘Australian Grown’, ‘Product of Australia’, ‘Australian Seafood’ or ‘Australian’ (for export use only). To use the logo goods must meet the criteria set out in Australian Consumer Law as well the more stringent Australian Made, Australian Grown Logo Code of Practice. More than 2700 businesses are registered to use the AMAG logo, which can be found on some 20,000 products sold here and around the world. Australian Made Campaign Limited is located at Level 4, 111 Coventry Street, Southbank, VIC 3006. Free ph: 1800 350 520 www.australianmade.com.au

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PANDEMICS & CROWN USE OF PATENTED TECHNOLOGY

to the patentee before exploiting the invention ( Patents Act 1990 , ss 163(3)(e)). In addition, the Act specifically addresses the economic value of the exploitation and states that a prescribed court must determine an amount of remuneration that is ‘just and reasonable’ ( Patents Act 1990, ss 165(2)), unless an agreement has otherwise been reached. To date, crown use as described above has been rarely necessary and recognised as potential treatments for COVID-19. One of them being a well- known HIV treatment, Kaletra™ which has been patented in many countries by AbbVie, a biopharmaceutical company. Due to an expected increase in demand, and the potential public backlash against anyone seen to be profiteering during these difficult times, in March 2020 AbbVie decided not to enforce their patent rights for Kaletra™, allowing generic copies to be made around the globe for the purpose of COVID-19 treatment. Other pharmaceutical and biotech companies are following in the steps of AbbVie, including Gilead Science with their new antiviral drug, Remdesivir™. Gilead Science rescinded their request for an FDA orphan drug designation for Remdesivir™, which if granted would have given them 7 year market exclusivity, albeit after facing intense criticism. rarely invoked in Australia. Will the Crown Use Provisions Even be Necessary? Few existing drugs have been

Conclusion Crown Use is one of those terms that people are aware of in some abstract sense, stored away in the recesses of our minds with other concepts like the compulsory acquisition of land and military conscription. The risks of public health institutions and/or community minded private corporations being shut out from accessing potentially life saving technology whilst either trying to manufacture life-saving medical equipment and/or develop an effective vaccine appear real at first blush. However, when looked at calmly (much easier to say now rather than when new cases were increasing exponentially), the current provisions of the Patents Act 1990 appear sufficient to address any concerns regarding whether potentially life- saving technology will be available to the public. Pleasingly, situations such as the world is presently facing in COVID-19 have a tendency to galvanise the scientific community, whether it be private or public, in a common cause, making it even less likely that provisions such as Crown Use in the Patents Act 1990 will need to be relied upon.

The Invocation of Crown Use In Australia there have been calls in parliament for the government to consider how Crown Use might be invoked to help address the myriad of issues created by the current pandemic. In times such as these isn’t it appropriate that public health institutions have unfettered access to the latest and best technology available, whether it is currently patented or not? Crown Use in the Australian Context In Australia, the Patents Act 1990 has provisions allowing a Relevant Authority (inc. a Minister of the Commonwealth or the Attorney General of a State or Territory) to exploit a patented or pending invention, without it being an infringement, for the public interest. This requires that the exploitation of the invention is an emergency or is accompanied with a written approval from the relevant authority ( Patents Act 1990, ss 163A(3)). A recent legislative amendment (enacted on 27 February 2020) prophetically captures in its scope healthcare, noting that the relative authority in the case of COVID-19 would be the Minister for Industry, Science and Technology, or the relevant State or Territory Attorney General. Despite these provisions appearing very ‘anti-patentee’, the necessary written approval can only be obtained if the relevant authority has tried for a reasonable period, but without success , to obtain the applicant or patentee’s authorisation on reasonable terms ( Patents Act 1990, ss 163(3) (a)). In fact, there’s a prescribed period of at least 14 days from when the relevant authority gives notice

If a government deems it appropriate, can they simply avail themselves of a patented technology?

The COVID-19 global pandemic is, unsurprisingly, bringing all manner of issues relating to our ability to treat and heal people into focus. One of these issues is whether the circumstances are such that governments may set aside intellectual property rights, such as patents, in the service of the greater public good. Two items of particular interest over the past two months or so, for obvious reasons, have been respirators and vaccines. Both are potentially the subject of patents, presuming they meet the legal requirements for novelty and inventiveness. Both may either already be patented or they may be new improved versions that might be eligible for patent protection. But a patent is essentially a right of exclusion. It allows a patent owner to determine who is granted access to that technology and on what terms, for a period of monopoly granted by the government, in exchange for the public disclosure of the details of the technology.

PETER CAPORN Principal

ELLEN CHA Technical Assistant

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AGILE PERSONAL FINANCE

1. Bite-sized chunks How do you eat an elephant? One bite at a time. Instead of looking at a list 50+ items long, pick one thing you want to achieve. Just. One. Thing. Work out what the steps are to make that One Thing happen. For example, if I were looking to get my mortgage interest rate down instead of applying for a mortgage ‘holiday’, the steps would be: –– Find out what my interest rate and repayments are right now. –– Shop around online for competitive rates that still allow what I prefer (offset provision and not fixing my rate). –– Work out what I want my rate to be. –– Call the bank branch manager and ask for a rate reduction. –– Based on the outcome of that conversation: celebrate, or decide if I’m annoyed enough to go to a competitor. That’s your to-do list. Not the 50-plus-item laundry list of everything you need to change. Map out when you’ll do each action over the next week, or fortnight if you prefer. Schedule the time in your calendar if needed to get them done. Then get them done. Once it’s done, pick the next One Thing. Rinse and repeat! (In agile theory, these small-batch tasks are called ‘sprints’). 2. Iterative planning It’s a common misconception that agile equals no planning. It’s actually the opposite: agile requires planning on steroids. Long term planning works when the conditions and outcomes are well known and unlikely to shift. That’s not what our next few months will be like. Swift and dramatic change is to be expected as we move into FY21. Your approach to money may need to change dynamically too.

Iterative planning means: Checking regularly – daily, or every couple of days – to see what’s changed externally. I don’t mean checking your social media feed. Have a squiz at the Australian Government homepage and your State government site to see what’s been announced. Does anything new affect the One Thing you’re working on right now? If yes, adjust your plan accordingly. Checking regularly to see what’s changed for you as an individual. Has your employment situation changed? Have you drawn down on your savings? Are there any curveballs to deal with – health, wealth or otherwise? Does this affect the One Thing you’re working on? If yes, adjust your plan accordingly. Of course, nothing may change enough to impact your approach to money. The plan you create now might work throughout your entire life. If that’s the case, you’ve got nothing to lose through iterative planning anyway – you just validate your plan is correct and keep going each time. Either way, you’ll know you’re on track, rather than wondering. That’s the best recipe for sleeping well I know. Lacey Filipich helps people become financially independent and reclaim their lives. She founded Money School in 2010 to build financial capability in adults and Maker Kids Club in 2017 to teach children money skills through enterprise.

Rapid response & readjustment

“ Of course, nothing may change enough to impact your approach to money. The plan you create now might work throughout your entire life.

Pandemic days feel like dog years. With so much changing each day, with so much new information to process, a set-and-forget approach to your money may not cut it for the next few months. You’ve probably realised this already. So you write a financial to-do list: check your interest rates, negotiate with lenders and landlords, find out if you’re eligible for help like JobKeeper or JobSeeker, decide whether to claim early superannuation (super) release, consider a change in super mix, decide whether to keep salary-sacrificing to super, consider buying some shares while they appear to be on sale, wonder if it’s time to sell that investment property… The laundry list quickly becomes overwhelming. Before you know it, you’ve chucked the whole thing in the too-hard basket. Relatable? You might find an agile-style approach works better for you. I know. ‘Agile’ is a corporate buzzword so widespread in use that its meaning has become vague. But I can’t think of a better way to describe what I’m proposing. Which is:

LACEY FILIPICH Founder of Money School

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THE SYDNEY SCIENCE PARK An exci t ing new smart ci ty headed for Sydney’s West

L ike something out of a science fiction movie, Celestino’s $5B Sydney Science Park is set to be a world first in the scientific community. In partnership with private industry and universities, and driven by the new Aerotropolis, the park will be an international epicentre for scientific STEM (Science, Technology, Engineering and Mathematics) education and R&D and is set to be Australia’s first smart city. The park will be located on a 280 hectare site in Penrith, Western Sydney, adjacent to the new Aerotropolis, and accessible via the proposed South West Rail Link. Upon completion, it is expected to deliver over 12,000 smart jobs, thousands of homes and education to more than 10,000 students. “We’re creating an ecosystem that will house some of the nation’s leading scientific institutions and providing educational opportunities for Western Sydney, such as our STEM school, that haven’t been seen before… “ Celestino Chief Executive John Vassallo Driven by the Aerotropolis, Western Sydney is fast becoming Australia’s economic powerhouse, and the Sydney Science Park is a real example of the types of opportunities opening up as a result of the Western Sydney Aerotropolis. …we’re proud to be the first to turn our vision, into a reality. Celestino Chief Executive John Vassallo

The Sydney Science Park is set to be Australia’s first smart city, with a major focus on research and development as well as commercialisation of autonomous vehicles. What is a Smart City? The city will be a cohesive collaborative community where autonomous vehicles communicate with traffic lights and have sensors to identify pedestrians, cyclists and animals; smart roads collect rain water; and aged care facilities transmit information about residents to hospitals. Imagine drones delivering antibiotics to people unable to leave their homes; room sensors monitoring the movements of sick or elderly residents; being triaged through artificial intelligence and then driven to hospital by automated vehicles. Sounds like something out of a sci-fi movie. But this will be a reality in Sydney’s West in the not so distant future and it’s an exciting time. Smart cities are rapidly evolving and tackling old problems in new ways, such as urban planning, sustainable energy, transport strategies, social integration and talent attraction. As global leaders assess, design, implement, and improve their cities, they are confronted with a plethora of obstacles to very difficult problems such as traffic congestion, waste management, and crime. What is more, with the green and sustainable living movements gathering momentum, quality of life (including not just environment, safety, access to health and education services, but also mobility and social interaction) is fast becoming a challenging aspiration for the global smart city.

Which City is Currently the Smartest City? In partnership with Singapore University of Technology and Design (SUTD), the IMD World Competitiveness Center’s Smart City Observatory recently presented the first edition of the IMD Smart City Index 2019, which ranked 102 global cities. Topping the list of smartest city in the world was Singapore following by Zurich then Oslo. The only global index of its kind, the IMD Smart City Index 2019 uniquely focuses on how citizens perceive the scope and impact of efforts to make their cities ‘smart’, balancing “economic and technological aspects” with “humane dimensions” . https://www.imd.org/smart-city- observatory/smart-city-index/ As for Australian cities, Sydney came in 14th place. Melbourne was 24th and Brisbane was 27th. However, one should naturally approach the results of any study with caution where the winner is the sponsor of the study. Sydney Aerotropolis According to the Sydney Business Chamber, an aerotropolis is a metropolitan sub-region with an airport as the epicentre for its surrounding infrastructure, land-use, and economy. It consists of the typical elements associated with an airport together with outlying corridors, clusters of aviation-associated businesses and residential developments, all feeding off each other and their association with the airport. The Aerotropolis is set to provide businesses with efficient and rapid connectivity to their suppliers, consumers, and industry partners, both nationally and globally.

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The IP Perspective with Chris Juhasz

“ We’re creating an ecosystem that will house some of the nation’s leading scientific institutions and providing educational opportunities for Western Sydney, such as our STEM school, that haven’t been seen before... ”

‘War, huh, yeah … What is it good for? Absolutely nothing! ’ Edwin Star

school will be able to connect physically and virtually with other schools, students and education providers, both locally and globally, by drawing on the resources of businesses, research organisations, educational institutions and community groups within Sydney Science Park and the collaborative environment fostered by the park. The school will be an educational hub for the Science Park and will engage with the life and work of the community in a way that other schools do not. The school and the community will have shared facilities, business-educational partnerships, and the school will collaborate with the community to tackle real-world problems. The vision is to prepare students for the STEM-focused knowledge jobs of the future. The communities’ engagement with the school will provide mentoring and internship opportunities for students to apply their learning to real life situations within and beyond the Science Park. “This school will also work with post-school institutions to provide direct enrolment to their courses rather than access via the traditional HSC/ATAR pathway”. CEDP Executive Director Greg Whitby Planning and Constructing the Smart City It is not very often a country gets to build a city completely from scratch from a greenfield site and this is an exciting opportunity for

Western Sydney to lead the way in collaborative thinking and planning. In setting the scene for the culture of the city, Celestino and the University of Technology Sydney (UTS) joined forces with transport and infrastructure experts to create a collaborative think tank discussing how autonomous vehicle use could be built into the new smart city. More than 30 companies participated in the planning event, including the likes of Hyundai, Bosch and Westfield. The first phase of the precinct will include 3400 homes, a 30,000-square-metre retail centre, 340,000sq m of commercial space and 100,000sq m for education. With construction underway since August 2018, the first commercial buildings in the Science Park along with the STEM school are expected to be operational as soon as early 2021, with residents expected to start

“We are now seeing the economic impact of the Western Sydney Airport in full effect”, Dialogue Chairman Christopher Brown said. The initial stage of development at Sydney Science Park includes a combination of commercial, residential, educational and open spaces, including over 170 homes, a one-acre central park and NSW’s first “pre-post” STEM school, all focused around the new business epicentre created by the forthcoming Aerotropolis. Construction of the airport commenced on 24 September 2018 with early earthworks now underway. STEM School NSW’s first STEM-focused school was officially announced by the Premier of New South Wales, the Hon. Gladys Berejiklian in March 2017 and will be the educational epicentre for the Sydney Science Park. This exciting new STEM based learning environment will offer cutting-edge educational opportunities unrivalled in Australia. The school, which will be funded and run by Catholic Education Diocese of Parramatta (CEDP), will be the first of its kind in Australia providing “pre to post” (preschool to beyond Year 12) STEM education in exciting emerging areas (such as how to code robots, liaise with NASA space stations and discover the latest in IT programming). As the cornerstone of the Sydney Science Park community, and with a strong focus on STEM, the CEDP

T hey say that the world is at war. A war with ‘an invisible enemy – and you have to make sure that the invisible enemy doesn’t get you’. A war where everyone is a soldier, not just those serving on the front line, such as nurses, doctors, retail workers and teachers, but even mild mannered patent attorneys (who, admittedly, on the whole are quite well practiced at hiding away from the rest of the world and only scuttling out for food). Wars are, without question, terrible. The cost to lives, the economy, and the environment is horrifying. And yet, the price paid to fuel the forge of war can result in some amazing innovations and creations. This has been true for conflicts in the past and holds true now. My daily newsfeed regularly features stories of what is being rapidly created in this regard, as people rise to the additional challenges faced by being at war. Tech companies, universities and even backyard inventors are being inspired by the coronavirus pandemic to develop, amongst other things, ventilators, masks including a ‘virus killing’ snood (which I have to admit looks pretty sharp), and a hands-free door handle, to help in the fight. Other artists and creative types (I am looking at you “The Wiggles” and Chris Mann) have created songs to teach, or lighten ones mood, about the importance of hand washing, social distancing, and other issues. A problem of such rapid technological advancement and creativity, however, is that the necessity of winning the war, of deploying the product or content as soon as possible, may mean that what are typically essential steps in a product development cycle are put to one side, or forgotten completely. This may ultimately be to the detriment of the creator. Despite the fog of war, if you are engaged in innovative development or creativity of any form, I believe it is still best practice to adopt a proactive intellectual property management approach. Before you hit “go” and launch, at least take a moment to consider:

What has been created or what problem has been solved? –– how? –– who was involved? –– who owns it? –– is it building upon or altering the work of someone else? –– who is that someone else? –– how are they likely to respond to what has been done and what resources do they have at their disposal? –– how do you want to extract value from it? –– is it a gift that you want to freely give the world in a time of trouble, or is it an asset that you would like to derive benefit from as well? You should take time to reflect on these questions, and what help or advice you might need, or action or should take, to reach your desired outcome. This will help you make and implement a commercial decision that is right for you. So that the war is good for something. Chris Juhasz is a Principal based in our Perth office. Chris specialises in patents across electrical and electronic engineering, computer technology, software, computer implemented inventions, mobile application technologies and business methods.

arriving by mid-2021. For further information:

https://www.celestino.net.au/ sydneysciencepark/residential https://www.westernsydneyairport. gov.au/about Watch this space for more…

DONNA MEREDITH Associate

CHRIS JUHASZ Principal

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What are the potential benefits of the exercise? –– May save the business money which is especially important in current times –– Any money saved can be re-directed to protecting new trade marks or other valuable intellectual property, particularly in the current environment as businesses pivot their commercial offerings to service their customer’s needs –– Allows you to strategically protect and maintain valuable trade marks that are being used and make sure they are protected for the right goods and/or services –– Abandon trade marks that are not being used or not likely to be used in the foreseeable future –– When you declutter, you may find lost treasures which can result in reviving an old brand –– Can generate a sense of confidence and reduced anxiety knowing everything is in order and that your key marks are registered for the classes of goods or services for which they are used and in the countries of use.

used, or at the very least, where there is an intention to use the trade marks in the foreseeable future. If a trade mark is not being used at all or not used for all the goods or services for which it is registered, then it may be vulnerable to cancellation by another party. So where a trade mark is challenged on the basis of non-use, if evidence of use of the trade mark cannot be provided in the relevant country, the registration may be cancelled totally or in part. Also, just keeping track of what you have in the trade mark cupboard can be a time consuming exercise and time is often not on our side in today’s increasingly pressured and busy world. A streamlined cost effective approach, paying for what you use and need to hold onto, is key to smart trade mark portfolio management. What you can do? Put some time aside, do an audit of what you have in the trade mark cupboard. Look at each registration individually and critically and ask the following questions: –– Is the business using this trade mark? –– If the trade mark is a logo or in a stylised form, is it being used in that form? –– Look at the classes covered and ask if the mark is being used or likely to be used for all the classes? –– In case of any overseas registrations, is the business using the trade mark in the relevant country? If not, is there any likelihood of commencing or recommencing use in the foreseeable future? –– Is the business using any trade marks that are not presently registered? After the audit is completed, you are then in a position to make a strategic decision of what trade marks to maintain for what classes and which ones will not be renewed. The audit may also allow you to identify if there are any marks which should have been registered but which are not, including in any key countries which can result in exposing your business to potential risks, especially in countries where trade mark rights accrue to the first to register, for example, China, Japan and Korea.

DECLUTTERING THE TRADE MARK CUPBOARD

JENNIFER MCEWAN Principal

Does your bus i ness have a cupboa rd f u l l o f t r ade ma r ks ; - wh i ch have been reg i s tered f or yea r s and yea r s? - tha t have not been used i n a l ong t ime or a t a l l ? - tha t the bus i ness has no i ntent i on to use i n the f uture? or - wh i ch a re not be i ng used f or a l l the goods or serv i ces f or wh i ch they a re reg i s tered?

If the answer is yes to a number of these questions, then it may be time to declutter or clear out the trade mark cupboard. Why is this important? To keep a trade mark registration in force, it must be renewed every 10 years. Maintaining the registration of trade marks can be a costly exercise. The current official fee in Australia to renew a trade mark online in one class is $400. So if a mark is registered in a few classes, the costs of renewal add up very quickly. If the mark is also registered internationally, separate renewal fees per class will also have to be paid to keep the registrations in force. Even if you hold an International Registration under the Madrid Protocol, separate renewals fees are payable on a country by country basis. It therefore makes good commercial sense, especially in these COVID-19 pandemic days where every dollar counts, to only expend on costs for trade marks that are being

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EXTRACTING THE GOOD OIL AI IN THE OIL & GAS INDUSTRY

TAK I NG THE LEAD SparkPredict™ is a cognitive analytics platform which monitors topside & subsea installations. It uses automated development of neural networks to discern patterns in collected sensor data, enabling identification of suboptimal operations and impending failures before they occur. Aker BP is deploying these AI solutions across their offshore production platforms to increase production and efficiency. In November 2019, Abu Dhabi National Oil Company (ADNOC) announced that it had entered into a 10-year partnership with Honeywell. ADNOC will deploy Honeywell’s asset monitoring and predictive analytics platform to maximise asset efficiency and integrity across ADNOC’s upstream and downstream operations. The AI platform also provides for a digital twin. Digital twins have the unique ability to provide visualisation in 4D, effectively enabling analysts to ‘go back in time’ to identify signal anomalies from sensors that could be used to predict future breakdowns or malfunctions – back to the future indeed! BP has invested in Houston start-up, Belmont Technology Inc., to develop a cloud-based geoscience platform using AI, nicknamed “Sandy”. BP feeds the platform geology, geophysics, reservoir and historic project information and Sandy intuitively links that information together, providing a more accessible graphics format for interrogating BP’s subsurface assets. It has the capacity to provide responses to specific questions posed in natural language, such as “What factors control production in the Chirag field?” Sandy can then map out several scenarios, some unforeseen, enabling rapid informed decision-making. BP hopes that the platform will accelerate project lifecycles, from exploration to reservoir modelling, reducing time to collect, interpret and simulate models by up to 90%. Shell is collaborating with Microsoft on the Azure C3 Internet of Things software platform. While it has invested heavily in AI, it’s reported that it has already saved over a billion in cost reductions, production increases and additional customer margins. Shell’s ambitious AI program involves nearly 300 projects, including providing machine vision for robots and drones, supporting use cases such as inspection. Another project in development involves AI- enabled onshore drilling, in which real-time data coming from the drill bit helps geologists chart a more accurate course for the well and reduce drill bit wear-and-tear.

Because AI inherently depends on algorithms embedded in software, and algorithms in their own right are not patentable, one might assume that this valuable technology is not patentable. In fact, the patent record tends to suggest that practical applications of AI are patentable, and companies from USA and China are the major filers of patents in this area. Oil field service providers such as Halliburton and Schlumberger are particularly active in filing patents in AI. Titles such “Learning-based Bayesian Optimization to Optimize controlled drilling parameters” ; “ Drill bit repair type prediction using machine learning” ; “Automated mutual improvement of oilfield models” ; and “Disentanglement for inference on seismic data and generation of seismic data” give one a sense of the variety of AI patent applications in the oil and gas space. The advent of AI also poses philosophical questions for patent law, particularly as the field approaches the holy grail of AI, the moment of singularity. Currently, the question of whether an artificial intelligence system can be identified as an inventor has been posed by the University of Surrey, which lodged two patent applications created autonomously by AI. The patent offices of USA, United Kingdom and Europe are grappling with this question of inventorship, which also goes hand in hand with patent ownership. A decision that an AI system is a ‘person’ who could own a patent would have far reaching consequences. In theory, as the owner of a patent, the AI system would be able to assert and enforce its rights. Or, on the other hand, would an AI system potentially be able to be held liable for patent infringement and damages (payable in bitcoin perhaps)? It seems as if we are entering into the world of Philip K. Dick – could we reach a point where AI would utilise machine learning to avoid patent infringement, or better yet, invent in a manner which doesn’t infringe prior patent rights in the first place?

T here are few industries where the failure of a single piece of equipment can lead to such catastrophic events, in terms of life and property, as in the oil and gas industry. Events such as Deepwater Horizon are still very much part of living memory. At the very least, unexpected downtime in any facet of operations is a huge cost. Consequently, adoption of new technology in this industry is always assessed for its impact on workplace safety and reliability, and the industry has traditionally been regarded as conservative in respect to uptake of new technologies.

That is, with the exception of sensor and data measurement tools! Their widespread adoption, partly in response to safety concerns, mean that all points along the entire oil and gas value chain, from exploration, development, drilling, production, transportation, processing, distribution and downstream refining, are the subject of monitoring and measurement. Today, the oil and gas industry is one of the largest generators of big data (exabytes!) on a daily basis. The volume of collected data can itself be a problem, as processing huge amounts of generated data can result in significant delays and uncertainty. In effect, it’s sometimes difficult to see the wood for the trees. The advent of artificial intelligence (AI), which needs massive volumes of information to work effectively, is opportune. Digital transformation of the oil and gas industry is now rapidly underway, marked by several recent strategic collaborations between oil and gas companies and AI technology providers. Currently, the two main applications for AI appear to reside in automation, which has the inherent benefit of removing personnel from hazardous environments, and trending analysis, to predict problems before they occur.

DR MARY TURONEK Principal

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