List G  Cc Ii 5606

Clare Cunliffe

Bar roll 2013 Admitted 2002
  • Commercial Law Intellectual Property
  • Public Law
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Clare Cunliffe practises in intellectual property and general commercial litigation

Clare has expertise in a wide range of areas, including general commercial litigation, competition/trade practices, intellectual property and administrative law. Clare has a particular expertise in intellectual property litigation, with extensive experience in patent revocation and infringement proceedings  (including pharmaceutical patent injunctions) and patent oppositions, trade mark infringement and revocation proceedings, non-use applications and oppositions, and copyright litigation, as well as litigation concerning the misuse of confidential information in the pharmaceutical context.  She also has extensive experience in litigation concerning consumer protection legislation and the law of passing off.  

Before joining the Bar, Clare was a Senior Associate at Corrs Chambers Westgarth in Melbourne where she practised in intellectual property litigation, including patent and trade mark litigation, and general commercial litigation.  Clare has also worked in the United Kingdom, at boutique intellectual property firm Powell Gilbert, and at Allens. 

Clare is the author of several chapters of Halsbury’s Laws of Australia on patents. She is currently writing an annotated version of the Patents Act 1990 (Cth) for Lexis-Nexis. Since 2012, Clare has been the secretary of the Intellectual Property Society of Australia and New Zealand (IPSANZ). In 2015 she became treasurer. She was committee member of the International Association for the Protection of Industrial Property (AIPPI Australia). In 2016 she became treasurer.  She is also chair of AIPPI’s global amicus curiae committee. 

Clare read with Helen Rofe. She has been listed in Doyle's Guide to Leading Victorian Intellectual Property Barristers (2017) as a preeminent junior counsel, and listed in Doyle's Guide to Leading Victorian Intellectual Property Barristers (2016) and (2015) as a leading and recommended junior counsel. 

Liability limited by a scheme approved under Professional Standards Legislation

Expertise

Commercial Law
  • Appellate
  • Commercial Arbitration
  • Competition
  • Consumer Law
Intellectual Property
  • Appellate
  • Confidential Information
  • Copyright & Designs
  • Information Technology
  • Media & Entertainment
  • Patents
  • Privacy & Data Protection
  • Telecommunications
  • Trade Marks
Public Law
  • Administrative Law
  • Judicial Review

Qualifications

Qualifications

Bachelor of Laws (Hons) (Melb)

Bachelor of Arts (Hons) (Melb)

Diploma Intellectual Property Law (Bristol)

Admitted

Victoria

Entitled to practise in

State and Territory Courts and Tribunals

Federal Court of Australia

High Court of Australia

Recent Cases

Commercial Law

Product Management Group v Blue Gentian (appeal)

Multigate Medical Devices Pty Ltd v B Braun AG (appeal)

Nice One Sydney’s Pty Ltd v Fantastic Holdings Ltd [2014] ATMO 53

Lisica v Commissioner of Patents [2014] FCA 433

Blue Gentian LLC & Anor v Product Management Group Pty Ltd - Federal Court Proceeding No. VID 317 of 2013

B.Braun Melsungen AG & Anor v Multigate Medical Devices Pty Ltd  - Federal Court Proceeding No. VID463 of 2013

Product Management Group Pty Ltd v Blue Gentian LLC Full Federal Court Proceeding No VID30 of 2015

Multigate Medical Devices Pty Ltd v B, Braun Melsungen AG & AnorFull Federal Court Proceedings VID 681 of 2014 and VID 691 of 2014

Siemens Water Technologies Corp v GE Betz Pty Ltd Federal Court Proceedings No 601 of 2010

BLH Engineering and Construction Pty Ltd & Ors v Pro 3 Products Pty Ltd Federal Court Proceedings VID 294/2012

Deb Worldwide Healthcare, Inc v Gojo Industries Inc. Patent Office [2015] APO 20  

Memberships

Victorian Bar - Commercial Bar Association