Andrew Maryniak

Qualifications:

Bachelor of Jurisprudence; Bachelor of Laws

Chambers:

Level 29 Aickin Chambers
200 Queen Street Melbourne

Telephone:

03 9225 8862

Facsimile:

03 9225 7085

Signed Bar Roll:

1990

Admitted in Victoria:

1988

Also Admitted:

New South Wales, the Federal Court of Australia and the High Court of Australia

E-Mail:

andrew.maryniak@vicbar.com.au

Practice Profile

Andrew Maryniak has established an extensive practice covering all aspects of intellectual property law, including related trade practices law. He predominantly practises in the Federal Court of Australia. 

Prior to coming to the Bar Andrew was an Associate to the Hon. Mr. Justice King of the Supreme Court of Australia. 

He is the Deputy Chair of the Intellectual Property & Trade Practices Section of the Commercial Bar Association and a member of the Intellectual Property Society of Australia & New Zealand and the Copyright Society of Australia.

Memberships

• Deputy Chair of the Intellectual Property & Trade Practices Section of the Commercial Bar Association
• Intellectual Property Society of Australia & New Zealand 
• Copyright Society of Australia

Liability limited by a scheme approved under the Professional Standards Legislation.

Commercial Law

Abbott GMBH & Co. KG v Apotex Pty Ltd [2009] FCA 1366; (No 2) [2010] FCA 940- Patent- validity- whether the invention was anticipated by prior art- whether the invention involved an inventive step when measured against prior art - whether the invention was a manner of manufacture. 

Nufarm Limited v Jurox Pty Limited [2008] FCAFC 180- Patents - infringement - technical terms in claims not defined - experts disagree on meaning and scope of technical terms in patent. 

Colorado Group Limited v Strandbags Group Pty Limited [2007] FCAFC 184- Trade Marks - ownership - first use - combination mark - whether goods "of the same kind"- whether word mark sufficiently distinctive to identify goods- Passing Off - whether appellant raised geographical limitation of use before primary judge. 

Cook Incorporated v World Medical Manufacturing Corporation [2003] FCA 127 - Intellectual Property - patents - cross-claim seeking revocation on grounds of invalidity. 

Sony Computer Entertainment Australia Pty Ltd v Dannoun [2001] FCA 1235- Trade Marks - infringement by importation for sale or commercial distribution of CD-ROM computer games bearing counterfeit trade marks - infringement by offering for sale and selling. 

Sony Computer Entertainment Aust Pty Ltd v Jakopcevic [2001] FCA 1520 

Cook Inc v World Medical Manufacturing Corp [1999] FCA 1333