John Fairbairn - Clayton Utz

John Fairbairn is a litigation (trial) lawyer and specialist in intellectual property and technology law. John Fairbairn has significant experience in copyright, patents, trade marks, designs and breach of confidence matters as well as passing off and analogous actions under the Trade Practices Act. This includes seeking or defending urgent injunction applications and Anton Piller (search and seizure) orders.

John Fairbairn is particularly experienced in matters involving the pharmaceutical, computing, mining, broadcasting and advertising industries. With a science background, John Fairbairn is able to quickly understand complex technological and scientific issues. In addition, John Fairbairn advises clients on strategies for protecting IP assets such as brand protection and strategies to minimise the risks of disputes. John Fairbairn recently acted for the software distributors in the Kazaa file sharing copyright proceedings (Universal Music v Sharman) and lectures on intellectual property at the University of New South Wales.

Rob Cutler - Clayton Utz

Rob Cutler specialises in commercial litigation, intellectual property and information technology litigation, Part V of the Trade Practices Act (consumer protection), marketing, anti-piracy and sponsorship. As an accredited mediator and skilled advocate, Rob Cutler has appeared in proceedings in the Federal Court of Australia, the Supreme Courts of New South Wales and the Australian Capital Territory and the District and Local Courts of New South Wales. In addition, Rob spent four years managing the Clayton Utz Advocacy Program, teaching adversarial advocacy skills to Clayton Utz Partners, Senior Associates and Solicitors.

Before joining Clayton Utz, Rob Cutler worked in the litigation department of multinational law firm Clifford Chance. Rob Cutler’s clients appreciate his ability to communicate the legal essentials, ensuring that disputes and the negotiations to resolve them do not get bogged down and always remain focused on the key points of the deal.

Peter Chalk - Blake Dawson

Peter Chalk practises in all fields of contentious and non-contentious intellectual property law. He is an experienced intellectual property litigator, particularly for patents and copyright, and has acted in intellectual property litigation in Victoria, New South Wales and England. Throughout his career, Peter Chalk has represented many international intellectual property owners in litigation in a number of jurisdictions.

On the non-contentious side, Peter Chalk regularly advises on matters such as freedom to operate opinions, patent extension of term, intellectual property licensing issues, research and development agreements, brand enforcement and anti-counterfeiting and intellectual property audits and due diligences. As one of the leaders of the firm’s trade marks practice, Peter Chalk also oversees the Australian and worldwide trade mark portfolios of a number of Australian and international clients.

From 1999 to 2001, Peter Chalk was seconded to the leading London intellectual property firm, Bristows. Peter Chalk’s experience also includes working as in-house intellectual property counsel for a major multinational FMCG sector company, advising on a wide range of matters including international intellectual property litigation, international trade mark portfolio management issues, domain name disputes, advertising and promotional matters, international cable and satellite television broadcasting arrangements, advertising media production, IT contracting arrangements and anti-counterfeiting measures. Peter’s combination of inhouse experience and work in the court system offers clients a unique combination of practical legal and commercial insight. This background means he is able to “get things done”.

Peter Chalk is regarded as “One of the most highly-acclaimed legal experts in the area of Intellectual Property in the Asia-Pacific region” – AsiaLaw Leading Lawyers Survey, 2006. Peter Chalk is consistently named as a leading individual for intellectual property, most recently in AsiaLaw Profiles, 2007, International Who’s Who of Trademarks Lawyers 2007, Euromoney’s Guide to the World’s Leading Trademarks Lawyers, 2007 and Best Lawyers International 2008: Australia. Peter Chalk was also recently named as a “Best Lawyer” for intellectual property in Australia.

Tim Golder - Allens Arthur Robinson

Tim Golder is a highly experienced adviser on copyright, designs, confidential information and trade marks, as well as trade practices issues dealing with misleading and deceptive conduct. Tim Golder is adept at drafting licensing, distribution and franchising agreements. Tim Golder also undertakes substantial work in registering and protecting trade marks and domain names. Major projects have included work on the continued use of technology, trade marks and other intellectual property following the sell-down of a leading chemical manufacturer.

Tim Golder’s vast experience includes advising Australia Post, Australian Grand Prix Corporation, Brown Brothers, Cadbury Schweppes, Cricket Australia, Christian Dior, Décor, Dun & Bradstreet, Ford Motor Company, Golf Australia, The Herald & Weekly Times, Kraft Foods Limited, Melbourne 2006 Commonwealth Games Corporation, Nike, Philip Morris, Sara Lee, Simplot (Leggo’s etc), TAG Heuer, Tommy Hilfiger, VAAM Management (Mark Webber) and Victoria Racing Club.

Tim Golder is admitted to legal practice in Victoria, New South Wales, Queensland and Western Australia and has worked in the intellectual property and information technology field at leading London law firm, Slaughter & May.

Fred Chilton - Allens Arthur Robinson

Fred Chilton, BA LLB (Hons) LLM, of Allens Arthur Robinson is a highly experienced corporate and commercial lawyer and has many clients that regard him as a senior adviser to their businesses. Fred Chilton acts for major companies in the high technology, telecommunications, information technology and natural resources sectors.

Fred Chilton has acted on high profile transactions such as McKechnie MBO, trade sale and IPO; Amtotes sale of new terminals to the NSW TAB; Solectron’s acquisition of Bluegum Group; and ATSM’s acquisition of Brobot. Fred’s specialist advice to high technology clients, such as The Boeing Company, Rockwell International, Kaman Aerospace, Honeywell, Keycorp, AmTote International, Computer Associates and Megadyne Information Systems, includes software licensing, product development, government and defence contracting.

Energy and natural resources clients seek Fred Chilton’s input on all aspects of their operations, from establishment, acquisitions, financing, restructuring and joint ventures to operational problems and the development of new projects, including environmental assessment procedures. Fred’s major projects include the Mount Arthur Coal Project in New South Wales, the Silicon Smelter at Electrona in Tasmania, Pioneer Plasterboard plants in Sydney and Melbourne and an offshore marine aggregates proposal. Overseas clients such as Bulgari, Rockwell International, Maxxium International, Pharmacia Upjohn and Fortune Brands benefit from Fred’s strategic advice on establishment and operation of subsidiaries and joint ventures, distribution agreements, submissions to the Foreign Investment Review Board and approvals for acquisitions and new ventures by foreign investors.

Blake Dawson - Ownership and licensing of copyright by States and the Commonwealth: High Court grants leave to appeal

Matthew Baldwin and Georgina Adams of Blake Dawson reports that the Copyright Agency Limited has been granted special leave by the High Court of Australia to appeal the decision of the Federal Court in Copyright Agency Limited v State of New South Wales (2007) 73 IPR 1, which dealt with ownership and licensing of survey plans by the NSW Registrar-General. Accordingn to Matthew Baldwin and Georgina Adams, the appeal will consider whether the Federal Court was correct in holding that the NSW government has an implied licence to do everything that, under the statutory and regulatory framework that govern registered plans, the State is obliged to do with, or in relation to, registered plans.

Blake Dawson - Ownership and licensing of copyright by States and the Commonwealth: High Court grants leave to appeal

Assistant University Solicitor - Research Strategy Office University of New South Wales

# Senior Role
# Strong client focus
# Experience in contract law and intellectual property law required

An opportunity exists to be an integral part of the legal team at UNSW dedicated to the support of externally funded research & development at UNSW. As part of a small legal team comprising three lawyers and two paralegals you will review and draft contracts licenses and other documentation, as well as advise on IP issues. In this busy role, you will work closely with staff of the Grants Management Office the Research Strategy Office, and researchers at the Faculty of Medicine and the Faculty of Law.

This role requires an individual with sound knowledge of contract law, property law and commercial licensing of intellectual property in addition to demonstrated skills in contract negotiation. Applicants with experience in the University sector are encouraged to apply. An attractive remuneration package will be negotiated with the successful candidate. Membership of a University approved superannuation scheme is a condition of employment. This is a fixed term appointment for a period of twelve months.

For a confidential discussion regarding the position, please contact Helen Brown on telephone (61 2) 9385 7246 or email h.brown@unsw.edu.au. Applications close 07 March 2008 Please quote reference number 5672SEEK

Innovation put on ice? Jealous IP protection may discourage creativity

Professor Joellen Riley of University of New South Wales argues that Nine Network Australia Pty LTd v Ice TV Pty Ltd [2007] FCA 1172 and IceTV v Duncan Ross [2007] NSWSC 635 involving IceTV demonstrate an anti-competitive tendency in Australian intellectual property law.

Australian Intellectual Property Law Bulletin (2008) 20(7)

Marie Wong - When must the Crown pay to use copyright material for the services of the State?

Marie Wong, Senior Associate at Deacons, reports that leave to appeal was granted to the applicant in Copyright Agency Limited v State of New South Wales [2007] HCATrans 700 (16 November 2007) over the decision of Copyright Agency Ltd v New South Wales (2007) 240 ALR 249. Marie Wong discusses the Copyright Agency Limited (CAL), which is a declared “collecting society” for the purposes of the Copyright Act and represents copyright owners (such as authors, photographers, publishers and, relevantly, surveyors) and to administer the licensing of copyright works to the general community.

CAL originally approached the Copyright Tribunal for a determination of the terms on which the State of New South Wales could deal with survey plans prepared by members of the Surveyors’ Association. The matter was subsequently referred to the Full Federal Court in order to determine questions of law relevant to the Copyright Tribunal’s determination. Specifically, the Full Federal Court was required to determine who owned copyright in the survey plans and whether surveyors were entitled to receive royalties arising from the State Government’s use of the plans.

According to Marie Wong, the outcome of the High Court appeal may affect how government can continue to deal with third party works submitted to them for specific purposes.

When must the Crown pay to use copyright material for the services of the State?