Our IP Corporate, IP Litigation, and Patents and Trade Marks professionals are seamlessly embedded throughout the firm to ensure we deliver quality commercial advice to you. We provide access to all the necessary legal input at any stage and realise the importance of understanding your business. Our responsive service addresses your immediate needs with full regard for your strategic long-term goals.

Take a closer look at what the Freehills Intellectual Property group offers you.

Some of the significant intellectual property disputes and commercial deals we have represented clients in recently include:

• Continuing to act for Glaxo SmithKline and Biochem Pharma Inc in a series of cases in the Federal Court and the Patent Office concerning compounds used in the treatment of the AIDS virus.
• Successfully acting for Rosemount wines in a claim by Henschke wines claiming Rosemount's Hill of Gold range of wines infringed intellectual property rights relating to their Hill of Grace Wines. The case was won in first instance and on appeal.
• Advising Compumedics and conducting the due diligence on the company's intellectual property portfolio as well as the restructure and negotiation of agreements for the ownership of its intellectual property in order for the initial public offering of securities in the company. Compumedics manufactures technology for monitoring human state of alertness with technological applications such as the installation in cars to detect and alert the driver of fatigue.
• Acting for 3M in two separate patent infringements and validity proceedings concerning treatments in the healthcare field and an invention in the telecommunications industry.
• Advising clients on the management of their patent portfolio. This involves filing patent applications, advising on infringement and validity opinions and conducting patent searches. Our clients include leading innovators both local and international, from publicly listed companies to leading universities and research institutes.
• Acting for Warner Home Video in a case regarding copyright issues for DVDs.
• Advising Deutsche Bank on the licensing and intellectual property aspects of its significant investment in Redfern Photonics.
• Advising FH Faulding & Co Limited on the licensing and intellectual property aspects of cancer treatment products and the licensing of gene therapy technology from the CSIRO.
• Advising AMRAD on a large number of biotechnology licensing transactions.
• Acting for The Kettle Chip Company against Frito Lay (Pepsico) in landmark trade mark infringement litigation in the Federal Court.
• Acting for Landcare in copyright litigation relating to the Landcare logo.

The Freehills intellectual property practice is comprised of a full service patent and trade mark practice in addition to specialist lawyers in IP commercialisation and IP litigation. The depth and breadth of the patent and trade mark practice is unlike that provided by any other commercial law firm in Australia.

Our dedicated team of attorneys, lawyers and support staff are highly trained, not only to excel in the delivery of legal services, but also to be passionate about understanding the application of the law to the real world commercial context of our clients’ businesses. Our team prides itself on its responsiveness, commerciality and thought leadership.

We are passionate about the work we do. Our objective is to deliver an outstanding result for our client that leads to an ongoing relationship.

Legal guides

• Asia-Pacific Legal 500, top tier ranking for Intellectual Property, 2004, 2005, 2006, 2007, 2008
• PLC Which Lawyer?, top tier ranking for Intellectual Property, 2004, 2005, 2006, 2007
• PLC Which Lawyer?, highly recommended ranking for Life Sciences, 2007
• PLC Which Lawyer?, Global Intellectual Property Super League 2006 – ranked 15.

Testimonials

• Freehills 'unfailingly top-class' Intellectual Property team, Asia Pacific Legal 500, 2006.
• Chambers Global 2009 described our Intellectual Property team:
  
  • ‘The IP practice at Freehills continues to flourish … the group receives praise for its ability to mobilise large teams in different areas of law, “always meeting tight deadlines and getting the job done with minimum fuss.”’
    
• Chambers Global 2008 described our Intellectual Property team:
  
  • ’offer clients a “streamlined and efficient service”‘
  • “Whether our issues are litigious, trade practice-related, commercial or simply obtaining a better understanding of new laws, they have quality people who can assist us with it all.”
  • ‘The firm has a particularly high profile in the disputes arena.’
  • This integrated practice “has a lot of depth …”’
    
• Chambers 2007 described our Intellectual Property team:
• 'Unparalleled thoroughness' was deemed to be the signature of this outfit’s high quality work product
• an 'enviable depth of experience' was found to be strongly in evidence, especially with regard to patents.

The National Breast Cancer Foundation (NBCF) is Australia’s leading community-funded organisation raising money for research into the prevention and cure of breast cancer. Since 1994, NBCF has provided over $55 million in funding across 230 research programs. Freehills recognises the important work that NBCF is doing within the area of breast cancer research as well as the broader community and it is proud to support NBCF in any way that it can. The Freehills team, through Freehills Patent & Trade Mark Attorneys and the wider Intellectual Property group, is proud to assist NBCF with the broad range of intellectual property issues it faces in conducting its fund raising campaigns, research sponsorship and corporate partnerships.

The respect and recognition afforded NBCF’s brands are key elements in NBCF’s fundraising activities. At the front end of NBCF’s activities, Freehills assists in the clearance of new brands and campaign slogans before their launch in Australia. Once a new brand or campaign is approved, Freehills helps NBCF to secure its trade mark rights and provides ongoing management assistance for the entire NBCF trade mark portfolio. This includes watching NBCF’s key brands, such as the Pink Ribbon mark, in the marketplace and on the Trade Marks Register to ensure they are not misused by unauthorised and unrelated third parties as this can effect the overall perception of the integrity of the brands.

Another important part of NBCF’s fundraising is its partnership program. Freehills has drafted and advised on partnership and licensing agreements to use with corporate sponsors, providing NBCF with ongoing revenue streams from the approved corporate use of its many trade marks.

In addition, from time to time the NBCF learns of unauthorised use of its trade marks or other improper attempts by businesses to associate themselves with NBCF. Freehills helps NBCF prevent this misuse and to resolve any issues expediently when misuse occurs.

NBCF funds a diverse range of high quality research programs aimed at improving the knowledge and understanding of the entire continuum of breast cancer—from its underlying causes to the best methods of treatment, support and palliative care. Freehills has advised NBCF on numerous aspects of its research funding, for example, appropriate ownership structures for intellectual property created through NBCF funded research. Freehills is also advising on the structure and privacy issues surrounding a national database of information to be used in ongoing breast cancer research.

Freehills partnership with NBCF is not limited to legal advice. Where possible, Freehills also contribute to NBCF by assisting to publicise and participate in market research and fundraising activities, including holding Pink Ribbon breakfasts annually in its offices across Australia. Freehills and the IP team are proud work with such calibre of clients.