Understanding the 'Safe Harbour': The Prohibition on Engaging in Legal Practice and Its Application to Patent and Trade Marks Attorneys in Australia

F Bartlett, R Burrell, 'Understanding the 'Safe Harbour': The Prohibition on Engaging in Legal Practice and Its Application to Patent and Trade Marks Attorneys in Australia' (2013) 23 (4) Australian Intellectual Property Journal 74-93

University of Queensland TC Beirne School of Law Research Paper No. 14-17

21 Pages Posted: 2 Apr 2014 Last revised: 28 Oct 2014

See all articles by Francesca Bartlett

Francesca Bartlett

The University of Queensland - T.C. Beirne School of Law

Robert Burrell

University of Melbourne - Law School

Date Written: 2013

Abstract

This article looks at how the work of patent and trade marks attorneys relates to the exclusive right to engage in legal practice conferred on solicitors and barristers, taking as its starting point the proposed national legal profession reforms. It argues that more needs to be done to clarify the safe harbour that attorneys enjoy from the prohibition on engaging in legal practice and that there are good reasons for framing such a safe harbour in generous terms.

Keywords: Safe harbour, patent and trade marks

Suggested Citation

Bartlett, Francesca and Burrell, Robert, Understanding the 'Safe Harbour': The Prohibition on Engaging in Legal Practice and Its Application to Patent and Trade Marks Attorneys in Australia (2013). F Bartlett, R Burrell, 'Understanding the 'Safe Harbour': The Prohibition on Engaging in Legal Practice and Its Application to Patent and Trade Marks Attorneys in Australia' (2013) 23 (4) Australian Intellectual Property Journal 74-93; University of Queensland TC Beirne School of Law Research Paper No. 14-17. Available at SSRN: https://ssrn.com/abstract=2410035

Francesca Bartlett (Contact Author)

The University of Queensland - T.C. Beirne School of Law ( email )

The University of Queensland
St Lucia
4072 Brisbane, Queensland 4072
Australia

Robert Burrell

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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