About

Nicholas Weston is a small but mighty Australian law firm delivering trade marks and other commercial legal services to clients worldwide in our core sectors of disputes, technology and brands.

Founded in 2005, Nicholas Weston has been ranked three years running (2008, 2009 and 2010) by Managing Intellectual Property Magazine’s World Survey for 'Trade Mark Prosecution' and 'Trade Mark Contentious'. According to the 2008 IP Handbook published by Managing IP magazine, "clients noted the thoroughness of the firm's paperwork and "attention to detail"". See what the Managing IP World Handbook 2010 has to say about us HERE. The firm was also shortlisted for the "Intellectual Property Advisory Excellence" award in Australia as part of Corporate International Magazine's Global Awards 2010.

Our professionals are dual qualified as lawyers and registered trade marks attorneys. We claim practical implementation of thought leadership. The firm is located on Collins Street, Melbourne in the historic Assembly Hall. The firm’s main website can be found here. The firm’s Trade Marks Microsite can be found here.

The Australian Trade Marks Law Blog is designed to communicate with international law firms seeking a reliable source of information and commentary on Australian Trade Marks. The platypus is adopted as our masthead because the platypus - like Australian Trade Marks Law (and the Australian version of English) - can seem odd at first encounter. It is efficiently adapted to its environment. It looks like you could pat it. But it has a venomous spur on its hind legs that can cause excruciating pain. Nicholas Weston publishes the Australian Trade Mark Law Blog as a useful resource.

 

Our contributors

Professor Mark Davison

Mark Davison is a Professor at Australia’s Monash University and Special Counsel with Knightsbridge Lawyers (neither Monash nor Knightsbridge necessarily agree with views expressed by him in this blog!). He is a co-author of several major works relating to intellectual property and competition law, including the third and fourth editions of Shanahan’s Australian Law of Trade Mark and Passing Off, the leading reference work on Australian trade mark law and the new Australian Intellectual Property Law, published by Cambridge University Press. His PhD was published as a monograph by Cambridge University Press and it is entitled The Legal Protection of Databases. He has also published two casebooks dealing with competition law and aspects of consumer protection. In addition to his doctorate on sui generis protection of databases, he has a diploma in Indonesian language and studies and he is the winner of three Australian Research Council large grants.
 

Besides teaching Contract Law, Intellectual Property, Trade Marks and Commercial Designations and Copyright in the postgraduate and undergraduate courses at Monash, he has taught in various projects in Thailand, Vietnam and Indonesia.
 

Qualifications

LLB(Hons), Diploma of Legal Practice, LLM, Diploma of Languages (Indonesian), PhD

Areas of Expertise

  • Intellectual Property
  • Trade Practices
  • Contract

You can read more about Mark's background here. Mark can be contacted by clicking here.

 

Nick Weston

Nick Weston is a lawyer in private practice with Collins Street, Melbourne based firm Nicholas Weston.

Mr Weston is a member of the World Intellectual Property Organisation (WIPO) Arbitration and Mediation Center's List of Arbitrators and Mediators and also the Center's Domain Name Panel. Decisions in 2009 involved the following brands: Accor, Sofitel, Novotel, Mercure, Ibis (WIPO Decision No. D2009-0243), Valium (WIPO Decision No.D2009-0044), Telstra (WIPO Decision No. DAU2009-0923) and La Quenta ((WIPO Decision No. D2009-0524). Mr Weston also serves as Executive Chairman of ASX listed biopharma Agenix Limited [ASX: AGX] and Chairman of charitable foundation Karma Currency. He is also a registered Trade Marks Attorney and has strong experience in several areas with a focus on brands, technology contracts, commercial law and litigation. He holds degrees in law and economics.

Before forming Nicholas Weston, Nick worked progressively as a solicitor, trade marks attorney and partner at another Collins Street, Melbourne commercial law firm.

Areas Of Experience

  • Commercial Litigation & Arbitration
  • Commercial Transactions
  • Corporations law
  • Intellectual Property
  • Technology & Biotechnology

Professional & Community Involvement

  • Executive Chairman, Agenix Limited (ASX: AGX)
  • Chairman, Karma Currency Foundation Limited
  • Member, International Trademarks Association (INTA)
  • Member, Australia China Business Council
  • Member, Licensing Executives Society of Australia and New Zealand (LESANZ)
  • Member, Melbourne Cricket Club;

Articles, Publications & Lectures

  • "Groundless Threats of Trade Mark Infringement Proceedings – How to Avoid Getting Court" 11 AIPJ 151 (first writer) (Australian Intellectual Property Journal August 2000)
  • "Copyright & Virtual Reality – a Band-Aid on the Bleeding Edge" 8 AIPJ 71 (Australian Intellectual Property Journal May 1997)
  • "Intellectual Property Protection Under the Australia – United States Free Trade Agreement" – paper delivered at IIR Commercialising Intellectual Property Conference, 23rd to 25th August 2004, Eden on the Park, Melbourne.
  • "Contracts & IP – Seven Steps to IP Perfection" - paper delivered at IIR Advanced Contract Law Conference, 8th to 10th December 2004, The Duxton Hotel, Melbourne.
  • Publisher: Australian Trade Marks Law Blog.

Education

  • Qualified & Registered as a Trade Marks Attorney 2000
  • LL.B., University of London/University of Tasmania, 1996
  • B.Ec., La Trobe University, 1991

Nick can be contacted by clicking here.

 

Lea Lewin

Lea Lewin is a lawyer and trade marks practitioner with Nicholas Weston Lawyers & Trade Marks Attorneys. Lea is also a registered Patent and Trade Marks Attorney.

Lea completed a Bachelor of Science (Honours) and a Bachelor of Law at Monash University in 1999. During her studies she focused on forensic and intellectual property topics and completed a thesis based on the statistical implications of DNA evidence.

In 2000, Lea commenced work with a boutique intellectual property firm in Sydney where she trained as a patent and trade marks attorney. Lea practised predominantly in patent matters relating to molecular biology, pharmaceuticals, food technology and health care products. Lea gained experience drafting patent specifications, prosecuting Australian and foreign patent applications, providing advice on patent validity and infringement and handling opposition proceedings. During this time, Lea also completed the College of Law and became admitted as a legal practitioner in NSW.

Lea returned to Melbourne in 2003 and joined Freehills Patent and Trade Mark Attorneys. At Freehills, Lea continued to practice in the patents area gaining further experience in patent prosecution, right-to-market searches and patent litigation. She also completed a year of post-graduate study in the area of organic chemistry and became admitted as a legal practitioner in Victoria.

Since joining Nicholas Weston in 2006, Lea has continued to expand her intellectual property practice with a focus on trade marks as well as gained experience in a range of commercial matters.

Lea enjoys spending time with her children, visiting galleries, keeping fit and learning to bake and knit.
 

Professional & Community Involvement

Member, Institute of Patent and Trade Marks Attorneys (IPTA)
Member, Intellectual Property Society of Australia and New Zealand (IPSANZ)
Member, Licensing Executives Society of Australia and New Zealand (LESANZ)
Member, Law Institute of Victoria

Education

Qualified & Registered as Patent and Trade Marks Attorney 2003
LLB., Monash University 1999
BSc (Hon)., Monash University 1997

Lea can be contacted by clicking here.