Partner

Melissa McGrath

Melissa is a specialist IP lawyer and litigator with qualifications in biochemistry and law. She is a lateral and flexible strategist driven to achieve commercial goals.

Working primarily with clients in the life sciences, media, technology and FMCG industries, Melissa is particularly experienced in providing strategic advice on what constitutes patentable inventions, what can be registered as a trade mark and what can be protected by copyright and how to manage disputes in relation to each of those rights.

Melissa’s strength is her ability to advise global and domestic entities alike on how to most effectively gain competitive commercial advantage through protection and enforcement of intellectual property rights (including confidential information and trade secrets) or steering the company to avoid business disruption and costs by unnecessarily encroaching on existing rights.

Melissa is consistently recognised amongst the world’s leading IP lawyers by peer and client reviews with recent reports highlighting Melissa’s ‘responsive and flexible’ approach and ‘sharp business acumen.’

Expertise

Melissa’s expertise includes:

  • Patent strategy advice and dispute management
  • Trade mark strategy advice and dispute management
  • Copyright protection strategy and dispute management
  • Freedom to operate advice
  • Brand portfolio creation and protection including domain name protection
  • IP licensing and commercial contracts
  • Misleading or deceptive conduct advice
  • Misuse of confidential information and trade secret advice and dispute management
  • Global and domestic IP protection, enforcement and dispute management
  • Preliminary discovery, subpoenas, interlocutory injunctions and applications
  • Representation at trial, appeal and special leave to the High Court of Australia.

Recent projects

  • Advising and representing Sony Music Entertainment Australia, Universal Music Australia and Warner Music Australia on issues relevant to copyright and content licensing.
  • Advising and representing Metropolis Agency and CampaignXPRESS in Federal Court proceedings regarding copyright, misuse of confidential information and breach of contract.
  • Advising and representing Navman Wireless Australia in Federal Court proceedings regarding patent infringement, copyright infringement and misuse of confidential information.
  • Advising a world wide logistics business in relation to a dispute regarding protection of its market leading software platform.
  • Advising a private equity owner of a new pharmaceutical business on market entry in Australia including the full suite of commercial agreements, IP, regulatory and competition.
  • Advising and representing a music event promoter in relation to collecting society fees.
  • Advising and representing Voxson in Federal Court proceedings enforcing two patents with mobile telecommunications application for GPS and video streaming.

Recognition

  • Recommended Lawyer, Intellectual Property (Patents), Chambers Asia-Pacific.
  • Recommended Lawyer, Intellectual Property, The Legal 500 Asia Pacific.
  • Recommended Lawyer, World Trade Mark Review.
  • Recommended Lawyer, Patents, Intellectual Asset Management 1000.

Other Professional Memberships/ Accreditations & Activities

  • Member of the NSW IPSANZ Committee
  • Chair of the Marketing Experts Committee of the International Trade Mark Association Public Information Committee.

location

Sydney

Partner

Kathryn Edghill