Presenters

Odette Gourley, Partner, Corrs Chambers Westgarth
Odette is one of Australia’s foremost intellectual property and regulatory lawyers with special knowledge and experience in the pharmaceutical and life sciences industries. Odette is an expert across the full range of IP including patents, trade marks, copyright, registered designs and trade secrets. In regulatory and advertising and marketing law her expertise include the Competition and Consumer Act, regulation for TGA, PBS, NHA, APVMA, AICIS, FSANZ, Gene Technology, Biosecurity, cosmetics, FOI including industry ethical and advertising codes for a wide range of products. Odette has acted in notable cases that have changed the law. In patents, Odette acted for AstraZeneca (Hassle) in successfully defending the validity of a drug formulation patent and that case is now a leading authority on the standard for obviousness under Australian law. In administrative law, the decision in the Roche case on scheduling of over the counter medicines resulted in revision of the statutory provisions. In trademarks, Odette acted for Gallo in the High Court, now the leading authority on the nature of trade mark use, and for Winnebago in the Federal Court recovering the brand for the American owner after 30 years of unauthorized use. The Winnebago case established the principle of user pays damages for IP infringement under Australian law which are recoverable even where damages on a lost sales basis are not available nor an account of profits. In the Johnson & Johnson v Unilever case in the Federal Court, Odette successfully defended the methodology adopted for consumer in use testing to support comparative advertising claims. With her deep experience in all aspects of IP, regulatory and advertising and marketing law, Odette is able to provide illuminating insights in relation to recent developments and future trends.


Nina Fitzgerald, Partner, Ashurst
Nina focuses on all aspects of contentious and commercial intellectual property law including patents, trade marks, copyright, designs, Australian Consumer Law and passing off. Nina has clients across a variety of industries including pharmaceutical and life sciences, technology, luxury brands and finance. Nina regularly acts in precedent setting litigation including highly technical patent matters. She advises on all aspects of disputes including pre-action strategy, freedom to operate advice, oppositions in the Registry, interlocutory injunctions, mediations, trials, appeals and damages claims. She has also acted in a number of intellectual property arbitration proceedings. On the commercial side, Nina advises a broad range of clients on their advertising and IP protection. Nina also advises her life sciences clients on the regulation of therapeutic goods. Nina regularly assists with assignment and licensing of IP rights as well as collaboration and contracting agreements concerning IP rights. Nina is a recognised practitioner in several independent legal directories and named in the Best Lawyers – Australia and IAM Patent 1000 ranks. She was the founding Chairperson of Women in Law Hong Kong and is the co-author of several Hong Kong Chapter Practical Law Global Guides published by Thomson Reuters. Nina is an expert in the interaction between AI and IP and is a thought leader in the legislative changes required to accommodate developments with AI. Nina is admitted as a Lawyer in Hong Kong and Australia.