“The paper asked whether the Australian system has achieved a proper balancing of public interests, particularly when the potential impact on competition is considered,” he said. The paper argued that Australian law had not adequately explored the issues that arise when trade marks are extended to include product shapes, and suggested how public interests could be balanced.

Smith referred to Philips v Remington (1999), a case that Freehills was involved in, and the Kenman Kandy decision from 2002. As winner of the competition, Smith won $2000 plus airfares, accommodation and registration for the annual IPSANZ conference.

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