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Penny Smith | Associate

B.Sc., LL.B. (Hons.), Lawyer

Penny Smith

Areas of Expertise

  • IP Law
  • Confidential Information
  • Copyright
  • Litigation

Penny works mainly in intellectual property litigation and has experience across a range of IP matters including patents, copyright, trade marks, trade practices and the protection of confidential information. Penny has recently been involved in major copyright and patent litigation in the Federal Court of Australia. She also has experience in non-contentious IP work including preparing commercialisation, assignment and licensing agreements and provides advice when commercial disputes arise.

Penny has a particular interest and expertise in the life sciences area. She has advised Australian and international pharmaceutical, biotechnology and medical device companies on patent validity and infringement, trade practices law and compliance with applicable regulatory codes. She has also acted for these clients in patent opposition proceedings in the Australian Patent Office as well as proceedings in the Federal Court.

Affiliations and Memberships

  • Member: Intellectual Property Society of Australia and New Zealand
  • Member: Law Institute of Victoria
  • Member: Licensing Executives Society

Qualifications

  • Bachelor of Science (Genetics), University of Melbourne
  • Bachelor of Laws (Hons.), University of Melbourne
  • Admitted as a Barrister and Solicitor in the Supreme Court of Victoria


Penny’s latest articles

Overturned on appeal: Full Federal Court protects reputation in the get-up of Bodum coffee plunger

On 5 August 2011, the majority of the Full Federal Court (Greenwood and Tracey JJ with Buchanan J dissenting) held that Bodum… more »

Mitre 10 refused injunction against Masters: newcomer's get up not misleading and deceptive

The Victorian Supreme Court has refused to grant Mitre 10 an interlocutory injunction to restrain Masters from launching its… more »

No constructive trust over copyright in photos and film created by trespassers

In a decision handed down on 29 March 2011, the NSW Supreme Court held that a constructive trust did not arise in respect of… more »

Articles about Penny

2010 appointments at Davies Collison Cave

On the 1st July the following appointments were announced to Davies Collison Cave. * indicates appointment to Davies Collison… more »