Current practice
Sue is the practice area leader of Freehills’ Intellectual Property Litigation Group and the Trade Marks Group.
Sue specialises in intellectual property litigation and dispute resolution.
Experience
Sue is recognised as a senior IP lawyer experienced in all intellectual property areas, including patents, copyright, trade marks, passing off, confidential information and designs.
Sue also has extensive experience in Consumer Law matters, in particular regularly advising clients on advertising and marketing campaigns. In the pharmaceutical area, this has included matters dealing with the Therapeutic Goods Administration and related regulatory issues.
Sue has been recognised as:
- a popular figure on the disputes circuit and one to whom conflicted competitors would not hesitate in referring work” (World Trade Mark Review 1000)
- “One of the firm’s leading litigators, Sue Gilchrist … is much sought after for her “commercially perceptive approach” and practical advice (Chambers and Partners 2009)
- a ‘polished and professional’ advocate who is always calm under pressure and whose clients have reported that ‘We know we are in very capable hands’ (2007/2008 Chambers Global)
- a ‘best lawyer’ in both the Litigation and IP categories in Australia (2008, 2009 and 2010 Australian Financial Review)
- a ‘leading individual’ in IP in Australia (Asia Pacific Legal 500).
Major projects and clients
Sue’s practice covers a range of industries including the pharmaceutical, consumer goods, entertainment, advertising and financial services industries.
Sue has conducted significant intellectual property litigation and other matters for Warner Home Video. Sue has also acted for Disney, The Movie Network and MTV in the entertainment industry.
Sue has acted extensively for GlaxoSmithKline (formerly SmithKline Beecham) in a number of significant cases, including the Nurofen case, the Actiprofen case, the Nurofen Junior case, the Macleans Whitening case and the Maxclean case.
Significant cases in which Sue has been the responsible partner include the following:
- The Kettle Chip Co Pty Ltd v PepsiCo Inc (t/as Frito-Lay Australia) (trade mark infringement)
- Al Hayat Publishing Co Ltd (copyright and section 52 Trade Practices Act)
- Sterling Winthrop Pty Ltd v Boots Co (Aust) Pty Ltd (section 52 Trade Practices Act)
- Boots Co (Aust) Pty Ltd v SmithKline Beecham Healthcare Pty Limited (formerly Sterling Winthrop Pty Ltd) (section 52 Trade Practices Act)
- Colgate-Palmolive Pty Ltd v SmithKline Beecham Holdings (Australia) Pty Ltd (section 52 Trade Practices Act)
- Oehlschlager v Landcare Australia Ltd (copyright in Landcare logo)
- Minnesota Mining & Manufacturing Co. v Tyco Electronics Pty Ltd (patent infringement and validity)
- Australian Video Retailers Association Ltd v Warner Home Video Pty Ltd (copyright in DVDs)
- Beecham Group plc v Colgate-Palmolive (trade mark infringement)
- TAB Limited and Tabcorp Holdings Limited v Sportsbet Pty Limited (copyright infringement)
- The Movie Network Channels Pty Limited ats Optus Vision Pty Limited (licence agreement)
- Tibra Trading Pty Limited ats Optiver Australia Pty Limited (copyright and confidential information)
- Tabcorp Holdings Ltd v Sportingbet Pty Limited (misleading advertising)
- Johnson & Johnson (Vistakon) v Novartis (patent opposition)
- Bradken Resources Pty Ltd v Lynx Engineering Consultants Pty Ltd (patent infringement and validity)
Professional background
Sue is a member of the Intellectual Property Committee of the Law Council of Australia. Sue is also a member of the Intellectual Property Society of Australia and New Zealand (IPSANZ), and a member of the Australian Institute of Company Directors.
Sue is a member of the Board of Can Assist, a charity which assists cancer sufferers and their families throughout rural New South Wales.
Sue is admitted in the Supreme Court of New South Wales, the Federal Court of Australia and the High Court of Australia.
Sue has a combined Arts/Law (Honours) degree from the University of Sydney (1985) and a Master of Laws (1992) also from the University of Sydney. Sue joined Freehills in 1986 and became a partner in 1995.