My work also involves handling matters involving privacy; biotech and computer technology; copy clearance and Australian Consumer Law disputes; and trademarks, including portfolio management and enforcement.

My approach is collaborative and considered – I always aim to create a cohesive team with my clients, focusing on practical solutions and cost-effective outcomes.

Career highlights

• Appeared in recent test cases in the Federal Court of Australia, aiming to block internet pirate websites
• Represented a number of industries – including subscription television, free-to-air television, online radio, internet video on demand and digital download services – in negotiations and disputes with collecting societies
• Successfully acted for various organisations, including pharmaceutical and telecommunications companies, in misleading and deceptive conduct disputes in the Federal Court of Australia
• Managed a number of significant global trademark portfolios, including acquiring and protecting trademark rights in Australia
• Provided pro bono assistance to a number of organisations, including referrals from the Arts Law Centre of Australia
• Member of the Law Council of Australia’s Intellectual Property Committee

Awards

• Who's Who Legal, Leading Individual 2019, Life Sciences

Education
LLM, LLB (Hons), BSc (Hons)

• Decrypting the Decryption Bill

  By John Fairbairn |October 2018

• Decrypting the Decryption Bill

  By John Fairbairn |October 2018

• First Steps Down the Plank: New Australian Copyright Provisions Successfully Used to Block Pirate Sites

  By John Fairbairn |December 2016

• Decrypting the decryption Bill
  

  Following a short period of public consultation, the Telecommunications and Other Amendments (Assistance and Access) Bill 2018 (Cth) (Bill) has been introduced into Parliament. Despite the extensive public concerns raised with the Exposure Draft version, only a small number of amendments have been made to the Bill.

  
  

• Manners maketh the copyright infringer: Court awards $60,000 'additional damages' for defendants' behaviour in copyright case
  
• CCA changes: repeal of IP exemption and new small business powers
  

  A new bill passed on 18 February 2019 amends the Competition and Consumer Act 2010 (Cth) by repealing the historic IP licensing exemption. It also facilitates small businesses pursuing private litigation against anti-competitive conduct under the CCA.

• Unleashing AI: your copyright playbook
  

  Looking to take advantage of generative AI in your business but unsure how to navigate the copyright challenges? We summarise the issues, opportunities and ways to minimise the risks.

• Privacy commissioner cracks down on late notification of data breaches
  

  The OAIC is taking steps to ensure the timely investigation and reporting of eligible breaches under the Notifiable Data Breach Scheme.

• Federal Court decides scope of Crown copyright laws
  

  First judicial interpretation of section 183(1) of the Copyright Act clarifies the scope of the exception to copyright infringement.

• Geographical connotations: When a building name can be trade marked
  
• Patent licences - some guidance from the courts
  
• Federal Court rejects business method patents
  
• Mattel's TM Strategy: Barbie's everything! He's just Ken.
  

  The global marketing blitz in the up to this year's hottest of hot pink film releases, Barbie, has seen an extraordinary number of brand collaborations. We explore the IP implications.

• Still trying to work out if the GDPR applies to your organisation in Australia?
  

  The European General Data Protection Regulation (GDPR) sets a 'gold standard' for privacy laws globally and provides an indication of the type of higher data protection standards that countries will adopt in the future – particularly if they must meet the GDPR's adequacy test for the transfer of personal information from the European Union (EU) to that country.

• Court sees folly in 'copying' claim html
  
• ACCC appeals: the dispute with Medibank continues
  

  The ACCC has appealed the decision of the Federal Court in proceedings commenced by the ACCC against Medibank Private Limited in relation to its communications (or failure to communicate) with its members.

• All that glitters is not protected by copyright
  A recent court decision reminds us that contractors who are engaged to perform work that may involve generation of copyright will own that copyright in the absence of an agreement assigning it.
• Knocking out piracy
  Recent cases show media companies are working on ways to better protect their digital content and in the process, are reshaping Australian copyright infringement laws for the digital age.
• COVID-19: Navigating privacy laws in the workplace
  

  Organisations need to consider privacy laws in deciding how to respond to COVID-19 in the workplace. This applies to taking employees’ temperatures and notifying others when an employee is diagnosed as having COVID 19 or may potentially have the disease. We consider the privacy laws for private sector organisations in NSW and Victoria. (Similar considerations will likely apply in other states and territories.)

   

• Autocomplete suggestions: Did you mean 'copyright infringement'?
  The rise of the internet brings with it new ways of infringing the law and poses challenges to those defending their intellectual property rights. A recent High Court case may have relevant implications for copyright infringement actions.
  
• Exclusive patent licences and standing to sue – a green light for commercial 'work arounds'
  
• Is 'reproduction' for copyright infringement a chicken & egg debate?
  
• The sung sound of a song: copyright is in the air
  

  A recent case around Australian pop classic, 'Love is in the Air' has added a layer of complexity to copyright considerations in songs. Two species of copyright work comprised in a song – musical and literary – are no longer strictly separate.

• ACMA further raises the Spam Act stakes
  

  ACMA has issued another significant fine (this time against Ticketek) for Spam Act breaches in the context of a largely 'factual' email.

• Service providers to be guided into the safe harbour: Copyright Amendment (Service Providers) Bill 2017 (Cth)
  After intense lobbying from various parties on both sides of the debate, additional service providers are on the verge of being welcomed into the copyright safe harbours.
• Federal Court confirms that isolated genetic material is patent-eligible
  
• Dealing with overseas companies
  

  The amended Privacy Act and APPs aims to ensure that any information disclosed overseas is still treated in accordance with the Privacy Act.

• Australia's evolving privacy regime
  

  Recent significant changes in Australia’s privacy and data protection regime, bring our legislation more in line with international standards. As a result, many Australian agencies and organisations are now subject to new compliance obligations under the notifiable data breaches (NDB) scheme and increased scrutiny.

• Site-blocking provisions will be expanded in Australia
  Recent amendments to the site-blocking provisions of the Copyright Act 1968 (Cth) will broaden the scope of Australia's site-blocking regime.
• Oops you've had a privacy breach. Now what?
  

  The Notifiable Data Breach scheme is now in full force. But not all privacy breaches need to be reported and not all privacy breaches are data security breaches.

   

• IP v IP: Liquidators in the Patent Office and when the clawback provisions can work
  

  A decision by the Patent Office offers lessons for liquidators attempting to recover intellectual property

• To pay, or not to pay? When ransomware attacks
  

  If your organisation finds itself in the unfortunate position of being subject to a ransomware attack, will you pay to get your data back?

   

• Implied IP licences: don't get 'court' - High Court rules in favour of Realestate.com.au
  

  The High Court of Australia has overturned the result in the Full Federal Court regarding the use of third party real estate images by Realestate.com.au Pty Ltd.

• A new right - the Consumer Data Right and framework unpacked
  

  The proposed legislative framework for the Consumer Data Right (CDR), including its interaction with existing privacy laws, can be difficult to follow. In this article, we explain how the proposed framework has developed, some of the key concepts, including the roles of the key participants and obligations and what to expect next.

• The 'Modernising Television Regulation in Australia' Green Paper
  

  In response to the 2019 Digital Platform Inquiry, the Australian Government has committed to a process of media reform and, as part of this process, has recently released the Media Reform Green Paper: Modernising Television Regulation in Australia. We provide a high-level summary of the Green Paper.

• The fight for academic integrity: first site-blocking orders issued under TEQSA Act
  

  The reach of Australia's site-blocking regime continues to grow, with academic cheating services the current target.

• The unhappy herb company
  Against a background of widespread copying and communicating of copyright-protected images on the internet, this decision signals that courts expect parties to negotiate an appropriate licence fee once put on notice of copyright and, even if the infringing party otherwise acts as a model defendant, additional damages may be awarded simply to warn others against irresponsible practices.
• Fearless Girl keeps standing in Australia
  

  The Full Court of the Federal Court of Australia has handed down a judgment in the protracted dispute between State Street Global Advisors and Maurice Blackburn in relation to the use of a replica of the iconic statue, Fearless Girl.