Areas of practice     
Intellectual Property and Patents                                  
Administrative Law
Discrimination Law
Corporate and Commercial
Banking and Insolvency                                    
Trade Practices  

Date of admission as a Barrister    
2007                                    
2005 (NY attorney)  

Contact                    
+612 8815 9109                                    
phoebe.arcus@5wentworth.com

Education
New York University, United States - Master of Laws

University of New South Wales, Australia – Bachelor of Laws (Hons. equiv.) / Bachelor of Arts

Professional Career
Ms Arcus has a wide range of professional experience, having commenced her career as a solicitor for Mallesons Stephen Jaques in Sydney in the Dispute Resolution, Intellectual Property & IT and Mergers and Acquisitions groups. She was involved in a wide range of commercial matters and spent 6 months as an in-house counsel at Telstra in their Business & Government unit.

Ms Arcus was the Associate to Hon. Justice Bennett AO of the Federal Court of Australia (2003-2004). Justice Bennett delivered judgments that year on intellectual property and patents, administrative and refugee law, native title, and trade practices. For example; Fresenius Medical Care Australia Pty Limited v Gambro Pty Limited (2005) 67 IPR 230, Lockwood Security Products Pty Ltd v Doric Products Pty Ltd (No 3) [2005] FCAFC 255; (2005) 68 IPR 459 and Unilever Australia Ltd v Societe Des Produits Nestle SA [2006] FCA 782.

Ms Arcus was admitted to the New York Bar in 2005 and continues to maintain her connection with the practise in the United States. Ms Arcus is currently a member of the Intellectual Property Section of the New York State Bar Association.

Since commencing practice at the NSW Bar in 2007, Ms Arcus has appeared in a broad range of cases with a particular focus on intellectual property and patents, corporate and insolvency law, and administrative law. Phoebe Arcus regularly appears, among other courts, in the Trade Marks Office, tribunals, the Australian Human Rights Commission, the Federal Court, Federal Magistrates Court and the Supreme Court of the ACT.

Selected Cases
Dura-Post (Aust) Pty Ltd v Delnorth Pty Ltd [2009] FCAFC 81, the first Federal Court case considering the question of "innovative step" under Section 7(3) of the Patents Act. Phoebe (led by S Burley SC) appeared in the Federal Court before the primary judge and before the Full Federal Court for Dura-Post (Aust) Pty Ltd.

Ms Arcus appeared for Shin Sun in the High Court appeal on the question of "person aggrieved" [2010] HCA 13 and also appeared in the Courts below in Health World Ltd v Shin-Sun Australia Pty Ltd [2008] FCA 100, [2009] FCAFC 14.

In the matter of trade mark application 891532 in the name of Bauer Consumer Media Limited, trade mark opposition proceedings in which Phoebe appeared for the opponent.

Jeff Parker v Armidale Dumaresq Council AHRC disability discrimination complaint in relation to access to premises and provision of goods and services in which Phoebe appears for the complaint.  

Delnorth Pty Ltd v Dura-Post (Aust) Pty Ltd NSD 384 of 2009, Federal Court appeal from a decision of the delegate of the Commissioner of Patents to refuse registration of Delnorth’s standard patent application for a roadside post. Phoebe appears for Dura-Post (led by S Burley SC).  

Mars Australia Pty Ltd v Société des Produits Nestlé NSD 1130 of 2008, Federal Court appeal from a decision of the delegate of the Registrar of Trade Marks to refuse registration of Mars’ trade mark for the colour purple for its Whiskas branded cat food. Phoebe appears for Nestlé (led by S Burley SC).

Technicon Industries Pty Ltd v Caroma Industries Ltd [2009] FCAFC 76, a design and copyright case in which Phoebe (led by J Baird SC) appeared in the Federal Court before the primary judge and before the Full Federal Court for Caroma Industries Ltd.

Nine Network Australia Pty Limited v IceTV Pty Limited [2008] FCAFC 71, a compilation copyright infringement case in which Phoebe appeared in the Full Federal Court (led by J M Ireland QC and S Burley SC and with J S Cooke).

Rutter v Brookland Valley Estate Pty Ltd [2009] FCA 702, a copyright infringement case in which Phoebe appeared in the Federal Court (led by J Baird SC) for Brookland Valley.

Publications and Presentations

Arcus, P, 'Twists & Turns in patenting human genes' (July 2010) Law Society Journal. Read Article

Phoebe has presented on intellectual property law to the Intellectual Property Society of Australia and New Zealand (IPSANZ). In August 2008, she presented an update on Design Law to the NSW branch of IPSANZ and in November 2008 and March 2009, she presented an update of Copyright Law to the College of Law.

Arcus, P, 'Setting the standard for enantiomer patents' (2008) 21 (6) IPLB 122.

 
Arcus P, 'Who is an inventor of a patent? Polwood Pty Ltd v Foxworth Pty Ltd', (2008) 20(10) IPLB 154 American Missile Defence System 19 Space Policy 7-13 (2003)

In addition, Ms Arcus has had several headnotes published in the Federal Court Reports and the Banking and Finance Law Reports. 

Memberships
Intellectual Property Society of Australia and New Zealand Intellectual Property Section of the New York State Bar Association.