Helen Macpherson

Special Counsel
Norton Rose Fulbright Australia

Sydney
Australia
T:+61 2 9330 8664
Sydney
Australia
T:+61 2 9330 8664
Helen Macpherson

Helen Macpherson

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Biography

Helen Macpherson is an intellectual property lawyer based in Sydney.

Helen has over 15 years' experience as an intellectual property litigation and dispute resolution specialist. She is a trusted advisor to clients on all types of intellectual property, including patents, trade marks, copyright, moral rights and confidential information.

Helen's clients span many sectors including the pharmaceutical, life sciences, telecommunications, consumer goods, manufacturing, mining, finance, media and advertising industries.

Helen has extensive experience in advising clients on interactions with government regulators and industry bodies such as the Australian Competition and Consumer Commission, the Australian Securities and Investments Commission, the Therapeutic Goods Administration, Medicines Australia and the ASMI. She also has extensive experience in advising clients on consumer law issues and disputes, in particular in the area of misleading and deceptive advertising.


Professional experience

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  • Bachelor of Science (University of Sydney), First Class Honours and University Medal. Majors in biochemistry and molecular biology.
  • Bachelor of Laws (University of Sydney), First Class Honours.
  • High Court of Australia 1999
  • Supreme Court of New South Wales 1999
  • Mattel - the lead litigator in a Federal Court patent infringement and invalidity proceedings relating to a transformable toy
  • Aldi - the lead litigator in two Full Federal Court appeals in relation to Australian Consumer law claims and the registrability of a word mark 
  • Sarb Management Group - the lead litigator in a Federal Court appeal from a patent opposition and in Federal Court patent infringement proceedings, both related to wireless sensor networks as used in parking enforcement
  • * Gilead Sciences - the lead litigator in their Australian litigation against Idenix relating to Gilead's blockbuster drug sofosbuvir (for the treatment of Hepatitis C).
  • * Boehringer Ingelheim - the lead litigator in a Queensland Supreme Court case against a Queensland property owner over confidential information in the genetic codes of pharmaceutically significant plants.
  • * First Currency Choice (now Global Blue Currency Choice) - in a series of Australian patent oppositions and appeals from those oppositions in relation to patents for Dynamic Currency Conversion technology.
  • * University of Melbourne - a lead litigator in their Australian litigation against a series of Australian companies relating to patents for the use of casein/calcium phosphate complexes in dental applications.
  • * Beecham Group & GlaxoSmithKline Australia - in their Australian trade mark dispute with Colgate-Palmolive over the use of Max Clean for toothpaste.
  • * United Group Rail - in their Australian patent dispute with Bradken Resources in relation to railway wagon technology.
  • * Minnesota Mining & Manufacturing - in their Australian patent dispute with Tyco Electronics in relation to electrical connectors used in the telecommunications industry.

* Matters marked with an * are matters that Helen was involved in prior to joining the firm.

  • Best Lawyers in Australia 2016-19 in the field of Intellectual Property Law.
  • "Sustainable agricultural innovation offers key for climate change resilience", Cultivate, October 2019
  • "The Repeal of the IP Exception", 2019
  • "Restraints on competition through the licensing of IP - the effect of the repeal of the IP exception", 2019
  • "Fakes welcome? IP protection lags behind for Indigenous artworks in Australia", The Brand Protection Blog, 2019
  • "Calidad v Seiko – defining the scope of the implied licence", The Brand Protection Blog, 2019
  • "Don't Rokt the boat: developments in the patentability of computer implemented inventions in Australia", The Brand Protection Blog, 2019
  • "Genomic innovation in livestock breeding – what is your intellectual property strategy?", Cultivate, April 2018
  • "V Energy loses a mother of a battle over color trademark: Australian court's decision in Frucor v Coca-Cola", The Brand Protection Blog, 2018 
  • "Australia – No extensions for Swiss style Pharma Patents", The Brand Protection Blog, 2017
  • "Court decision highlights difficulty in challenging innovation patents", The Brand Protection Blog, 2017
  • "Digging through the mud to see the damage sustained", The Brand Protection Blog, 2017
  • "Accept no substitutes - assignment will not cure defective trade mark filing", The Brand Protection Blog, 2017
  • "Marketing class actions – A new frontier", The Brand Protection Blog and Practical Law Australia, 2017

 

  • Member, Intellectual Property Society of Australia and New Zealand.
  • English