Kylie Diwell

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Melbourne, Australia
    Local Time: Friday 16:02

Practice Expertise

  • Competition and market regulation
  • Intellectual property
  • Technology
  • Education

Areas of Practice

  • Competition and market regulation
  • Education
  • Intellectual property
  • Technology


I have significant experience advising clients on the establishment of research centres, research funding, collaborative research and technology licensing arrangements. I regularly undertake due diligences and audits for clients prior to the commercialisation of technology and provide strategic IP protection and commercialisation advice.

I have a detailed understanding of the policy, probity and process frameworks which apply to public sector clients and have been a key adviser to government on significant major projects and procurements (particularly those with a technology focus), statutory powers and governance issues.

I have also advised the higher education sector for nearly 20 years on a wide range of commercial and regulatory matters, including compliance with higher education legislation.

I hold an honours degree in both law and science (genetics) from the University of Melbourne and a Masters of Intellectual Property Law at the University of Melbourne.

BSC (Hons-Genetics), LLB (Hons), LLM

Areas of Practice

  • Competition and market regulation
  • Education
  • Intellectual property
  • Technology

Professional Career

Professional Associations
    Intellectual Property Society of Australia and NewAusbiotech, memberLicensing Executives Society of Australia and New

  • Intellectual Property Society of Australia and New Zealand, Member
  • Licensing Executives Society of Australia and New Zealand, Member
  • Ausbiotech, Member
  • Victorian Women Lawyers


  • Site-blocking legislation receives go ahead from Senate Committee and House of Representatives
  • Manners maketh the copyright infringer: Court awards $60,000 'additional damages' for defendants' behaviour in copyright case
  • The antipiracy code
    Online infringers will soon receive a series of notices from their ISP under the proposed Copyright Notice Scheme 2015> (the Code).
  • 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.

  • Cooking your own Goose
  • Rights holders fire first shots under blocking legislation - anti-piracy update
    In what has been an eventful few weeks on the copyright high seas, after some set backs, rights holders commenced actions in the Federal Court to block a number of websites that they allege have the 'primary purpose' of infringing copyright. We've set out below a round up of these recent events.
  • MinterEllison advises the Victorian Government on cutting edge battery project

    MinterEllison has advised the Department of Environment, Land, Water and Planning on a grid scale battery project to improve electricity supply and increase power to the State's energy grid. The 300 MW/377 MWh battery will be the largest lithium-ion battery in the southern hemisphere.

  • Builders crack? Website blocking legislation invoked
  • Signing your likes away: can a contract create social media obligations?
  • Patent licences - some guidance from the courts
  • Higher education third party provider viability risk during COVID-19

    Where universities and other higher education providers rely on third parties to enrol or deliver courses to students on their behalf, it is important they consider and plan for the financial, practical and regulatory risks that may be associated with potential insolvency of the third party.

  • MinterEllison supports DELWP on $50m battery storage projects for Western Victoria

    MinterEllison has advised Victoria's Department of Environment, Land, Water and Planning (DELWP) on its Energy Storing Initiative (ESI) – a funding program that will deliver two large-scale battery storage projects for grid constrained areas in Western Victoria.

  • The tangled web we weave: a short history of internet law in verse
  • MinterEllison supporting delivery of COVID-19 emergency ventilator program

    MinterEllison is delighted to be supporting Grey Innovation with implementation of its emergency ventilator program, being undertaken in response to the COVID-19 emergency situation.

  • COVID-19: How will Australia's public health emergency powers affect you
    The Federal, State and Territory powers to respond to public health emergencies in Australia have been exercised more thoroughly in the past six months than ever before.
  • 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.
  • Federal Court raises more hurdles for Dallas Buyers Club's pursuit of alleged infringers
  • A new hope for shoppers
  • Should you get bent out of shape pursuing trade mark registration for a shape?
  • MinterEllison advises Tasmanian Government on delivery of multiagency government radio network

    MinterEllison advised the Tasmanian Government on the delivery of its multiagency government radio network, Tasmanian Government Radio Network (TasGRN). A contract for the work was signed by the State Government and Telstra Corporation Limited on 23 December.


  • University mergers - the next response to a challenging environment?

    Australian public universities continue to operate in a challenging environment, with relatively low public funding levels (compared to other OECD countries), increasing competition for students (from both the public and private sector) and significant regulatory constraints and compliance obligations.

    In the past five years we have seen a range of steps taken by universities to address these challenges - including sharing of research infrastructure, third party teaching arrangements, leveraging of campus property assets and establishment of branch campuses. Although we have also seen some universities acquire campuses from other higher education providers (both public and private), there has not been a university merger in Australia…yet.

  • The blurred line between inspiration and infringement in copyright law
  • Exclusive patent licences and standing to sue – a green light for commercial 'work arounds'
  • No early Christmas present for Dallas Buyers Club - Federal Court dismisses request for alleged infringers' details
  • Is 'reproduction' for copyright infringement a chicken & egg debate?
  • A new era for IP in higher education under Australian competition law

    Changes to Australian competition law will change the way IP rights holders control their IP. For universities, whose activities often include the development and commercialisation of IP, these changes – in conjunction with other recent reforms to Australian competition law – will require a new approach to identifying and assessing competition law risks.

  • Australia's Foreign Relations Act: Institutional autonomy of foreign universities

    The Department of Foreign Affairs and Trade (DFAT) recently released guidance on the concept of institutional autonomy that may affect Australia's public universities.

  • Metatags, meta-problems
  • Non-fungible tokens and digital assets – what's the deal?

    The art world is abuzz as a bizarre and potentially lucrative new market has emerged for digital artists known as non-fungible tokens (or NFTs). People operating in the digital marketplace need to understand the rights attached to NFTs so that they can trade with confidence.

  • Regulation of and contracting for clinical trials

    This article highlights the flexibility required when considering the most appropriate contractual structure for a clinical trial, and provides some guidance on ensuring the regulatory obligations arising in Australia and internationally are adequately addressed.

  • Risk management: Corporate PPAs – A Continuing Trend

    Corporate PPAs are an increasingly important part of a corporate’s risk management strategy and there are various structural and resourcing issues that corporates need to consider.

  • Unfair contract terms regime extended to 'small business contracts' - implications for IT contracts
  • The Royal Children's Hospital [2011] APO 94 - a lighter shade of Gray?
  • Circumventing patent rights in a COVID-19 world

    Using a pandemic lens, this article discusses changes to the Crown use provisions and compulsory licensing provisions under the Patents Act that came into effect last year.

  • US judge rules no copyright in Happy Birthday To You
  • Yellow appeal
  • COVID-19: additional funding and further restrictions

    On 29 March, the Prime Minister announced further restrictions and additional funding to help respond to the COVID-19 pandemic.

  • Where does the 'university' lawyer add value?
    "Act quickly, think slowly", was the message from Carolyn Evans, University of Melbourne Deputy Vice-Chancellor and Deputy Provost, to attendees at the SOUL Annual Conference.
  • When mi casa is not su casa - Queensland Supreme Court orders creative remedies for copyright infringement of architectural drawings
  • Universities need to act on the Foreign Influence Transparency Scheme

    The newly introduced FITSA reform requires universities to act to ensure that their activities are appropriately screened and registered. Since the act was introduced, no university has registered, raising questions about their compliance.

  • Fearless Girl caught in corporate crosshairs

    This recent case is a timely reminder for businesses to obtain targeted legal advice when entering agreements relating to the use of intellectual property to ensure that the terms properly address what uses are permitted and restrictions are imposed.

  • Recent UK cases have implications for how climate change policies are administered in Australia

    While Government policy decisions are generally regarded as non-justiciable, and beyond the realm of legal challenge, a unanimous decision by the Irish Supreme Court illustrates the real potential for challenge to the manner in which climate change-related policies are administered, on both statutory compliance and human rights grounds. We consider the potential implications of that decision for Australian government entities, and make key recommendations to guide the review of current administrative decision-making frameworks.


  • Productivity Commission releases Draft Report into Intellectual Property Arrangements Part 1
  • Trade mark ownership: the Insight scoop to avoid refusal
    The recent Full Federal Court decision of Pham Global Pty Ltd v Insight Clinical Imaging Pty Ltd highlights the danger of filing a trade mark application in the wrong name.
  • Federal Government introduces legislation for Patent Box tax scheme

    The much anticipated 'patent box' tax scheme, first proposed in last year's Federal Budget, has taken a further step towards implementation, with the Government introducing draft legislation into Parliament on 10 February 2022.


  • A 'patent box' for Australia – what does it mean and how will it work?

    The 'patent box' tax incentive, proposed in the Federal Government's budget on Tuesday, has been heralded as a major boost for Australian medical and biotech manufacturing. But what does it mean and how will it work? We provide a brief overview of the government's proposal, and discuss some key aspects that will need to be considered as the scheme is developed.

  • Oracle rakes third party support providers over the copyright coals
  • Insights from session on 'Practical drafting tips on clean energy clauses

    Australia continues to have a fluctuating clean energy landscape. This ongoing state of flux highlights the importance of future proofing carbon clauses in energy supply and associated contracts.

  • End of an era: Repeal of s51(3) of the CCA and implications for your IP

    A new bill, if passed, will repeal the IP exemption in the Competition and Consumer Act 2010 (Cth), requiring IP rights holders to ensure that the conditions in their licensing arrangements do not contravene the anti-competitive conduct prohibitions in that Act.

  • COVID-19 and recent developments in the health regulatory space

    The outbreak of the COVID-19 pandemic has led to a dramatic increase in the promotion and sale of various products which may be used to combat the virus. By stepping up to manufacture, advertise and supply products such as hand sanitiser and disinfectants, companies are also stepping into the regulatory framework for therapeutic goods. 

  • Victorian Government releases IP guidelines for the public sector (v1)
  • Trade mark infringement in online advertising
  • Productivity Commission releases Draft Report into Intellectual Property Arrangements Part 2
  • Exclusive patent licence – it is all or nothing
  • What universities need to know about cyber risk

    We outline recent developments and the key steps that higher education providers can take now to mitigate the risk of a cyber attack.

  • Whiskey, websites, bottles and blocks - 12 months in trade mark and copyright law
  • New retrospective powers to curb VET providers' inappropriate conduct
    Retrospective amendments to the Higher Education Support Act 2003 (Cth) have been introduced, allowing the Secretary of the Department of Education to re-credit a person's VET FEE-HELP debt incurred as a result of 'inappropriate conduct' by a VET provider or agents prior to 1 January 2016.
  • First steps down the plank: new Australian copyright provisions successfully used to block pirate sites
  • TEQSA proposes changes to publication of decisions
  • Higher Education in Focus: University Webinar Series 2021

    We recently concluded a special three-part webinar series, specifically tailored for our university audience.

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