Cunliffe Clare

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 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.

Before joining the Bar, Clare was a Senior Associate at Corrs Chambers Westgarth in Melbourne where she practised in intellectual property litigation, focusing on patent litigation, and general commercial litigation. Clare has also worked in the United Kingdom, at boutique intellectual property firm Powell Gilbert, and at Allens. From 2005 to 2018, Clare co-authored the Australian chapter of Kluwer’s Global Patent Litigation. In 2021, she wrote the Australian chapter of a text called Patent Enforcement for Globe Law and Business.

Clare is listed in Doyle's Guide to Leading Victorian Intellectual Property Barristers (2021) as a pre-eminent junior counsel and in Doyle’s Leading Intellectual Property Junior Counsel – Australia (2021) as a pre-eminent junior counsel. https://doylesguide.com/leadin...

She is listed in Chambers Intellectual Property: The Bar (2022) as a Band 1 practitioner. Her review reads:

Clare Cunliffe operates across the IP spectrum, being particularly well known for her exhaustive knowledge of patent law and deep familiarity with the pharmaceutical sector. Interviewees respect her as a barrister who is "really excellent at marshalling large amounts of complex legal and factual material and presenting that in a convincing way," as well as one who "stands her ground and keeps her clients' interests at heart." Sources further note that she is "very prominent and at the top of many people's lists for briefing."

and in the Legal 500 Asia-Pacific (2022) as a Leading Junior. Her review reads:

An original legal thinker. Works seamlessly with the solicitor team and with senior counsel. Hard working and very approachable.”

Liability limited by a scheme approved under Professional Standards Legislation

Contact

Correspondence
Chambers & Clerk

Emmerson Chambers
Level 18 Room 5

200 Queen Street 
Melbourne VIC 3000 

View map

Jane King

03 9225 8558

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

Lundbeck v Sandoz (acting for Lundbeck in a long running dispute as to escitalopram, which is presently in the High Court of Australia)

Juno v Celgene (acting for Celgene in relation to Revlimid, in a proceeding involving a compound patent and seven method of treatment patents)

Merck v Sandoz (acting for Merck in relation to its compound patent for sitagliptin)

ACCC v AFG (acting for the ACCC against Australasian Food Group in a case where the ACCC alleges AFG engaged in exclusive dealing)

MMD Design and Consultancy Limited v Camco Engineering Pty Ltd (acting for MMD Design and Consultancy Limited, initially in a preliminary discovery application and then in patent infringement and revocation proceedings)

ACCC v Megasave (acting for the ACCC against Megasave in circumstances where the ACCC alleges that Megasave made false representations to potential franchisees)

Toolgen v Fisher (acting for Mr Fisher in a case about the patentability of gene editing technology, involving novel issues of support and enablement)

VMS v Sarb (acting for Sarb in a long running dispute concerning parking technology)

Sportsbet Pty Ltd v Crownbet Pty Ltd (acting for Sportsbet in a dispute about Crownbet’s right to use the name Sportingbet.  Sportsbet obtained an injunction)

Samsung Bioepis v Fresenius (acting for Samsung Bioepis in a dispute against Fresenius relating to Fresenius’ patent for a formulation of adalimumab, which resulted in Fresenius surrendering its patent)

Teva v Boehringer Ingelheim (acting for Teva in a dispute against Boehringer Ingelheim concerning three patents protecting tiotropium)

Roche v Sandoz (acting for Roche in a dispute concerning rituximab, where Roche obtained interlocutory injunctive relief against Sandoz based on four method of treatment patents)

Pokemon Company International, Inc v Redbubble Ltd (acting for Pokemon in a copyright case against Redbubble)

Publications

12 May 2022

Intellectual Property Law Update – Finally: A truly trivial addition not innovative

12 May 2022

Intellectual Property Law Update – recovery of costs by a successful appellant from a decision of the Registrar (designs, trade marks or patents).

12 May 2022

Intellectual Property Law Update – Copyright and Works of “Artistic Craftsmanship”, assessment of evidence, the need for special training, skill and knowledge

12 May 2022

Intellectual Property Law Update – Stay of Costs Orders Pending Appeal

12 May 2022

Intellectual Property Law Update – Microphone design more than a sound bite

12 May 2022

Intellectual Property Law Update – “Oils ain’t oils” but can be staple commercial products

12 May 2022

Intellectual Property Law Update – Damages for infringement of a patent that is still under attack

11 May 2022

Intellectual Property Law Update Default Judgment and Declarations

09 May 2022

Intellectual Property Law Update Settling an appeal from the Trade Marks Office: power and public interest

29 April 2022

Intellectual Property Law Update State Street Global Advisors Trust Company v Maurice Blackburn Pty Ltd [2022] FCAFC 57

20 April 2022

Intellectual Property Update Novartis AG v Pharmacor Pty Limited [2022] FCAFC 58

08 December 2021

Intellectual Property Update - Repipe Pty Ltd v Commissioner of Patents [2021] FCAFC 223

19 November 2021

Intellectual Property Update - Shepparton Partners Collective Operations Pty Ltd v QAD Inc [2021] FCAFC 206

05 November 2021

Intellectual Property Update - Henley Arch Pty Ltd v Henley Constructions Pty Ltd [2021] FCA 1369

11 October 2021

Intellectual Property Update - Nagpal v Global Cars Aus Pty Ltd

27 September 2021

Intellectual Property Update - BGD Corporation Pty Ltd v Kalaoun

15 September 2021

Intellectual Property Update - Otter Products, LLC v Haydon

10 September 2021

Intellectual Property Update - XCFB and National Disability Insurance Agency

07 September 2021

Intellectual Property Update - Swancom Pty Ltd v The Jazz Corner Hotel Pty Ltd (No 3) [2021] FCA 729 (30 June 2021)

07 September 2021

Intellectual Property Update - Ono Pharmaceutical Co, Ltd v Commissioner of Patents [2021] FCA 643 (11 June 2021)

07 September 2021

Intellectual Property Update - Ariosa Diagnostics, Inc v Sequenom, Inc [2021] FCAFC 101 (18 June 2021)

07 September 2021

Intellectual Property Update - Chevron Global Energy Inc v Ampol Australia Petroleum Pty Ltd [2021] FCA 617 (8 June 2021)

07 September 2021

Insolvency & Intellectual Property Update - McCallum, in the Matter of Re Holdco Pty Ltd (Administrators Appointed) (No 2) [2021] FCA 377 (21 April 2021)

27 August 2021

Intellectual Property Update - Caterpillar Inc v Puma SE

23 August 2021

Intellectual Property Update - State Street Global Advisors Trust Company v Maurice Blackburn Pty Ltd (No 2)

04 August 2021

Intellectual Property Update - International Wushu Federation v Google LLC

04 August 2021

Intellectual Property Update - Ames Australasia Pty Ltd v AgBoss Australia Pty Ltd

09 July 2021

Intellectual Property Update - Chevron Global Energy Inc v Ampol Australia Petroleum Pty Ltd (No 2)

08 July 2021

Intellectual Property Update - Swancom Pty Ltd v The Jazz Corner Hotel Pty Ltd (No 2)

08 July 2021

Intellectual Property Update - Repipe Pty Ltd v Commissioner of Patents (No 3)

08 July 2021

Intellectual Property Update - Whitsunday Aerial Solutions Professionals Pty Ltd v Emprja Pty Ltd

02 July 2021

Intellectual Property Update - Verix Pty Ltd v Williams

29 March 2021

Intellectual Property Update - D’Annunzio v Willunga Projects Pty Ltd

26 February 2021

Intellectual Property Update - The Cultural Intelligence Project Pty Ltd v The Entourage Education Group Pty Ltd

22 January 2021

Intellectual Property Update - UON Pty Ltd v Hoascar [No 3]

Memberships

From 2012 to 2015, Clare was the secretary of the Intellectual Property Society of Australia and New Zealand (IPSANZ). From 2016 to 2018, she was the Treasurer. From 2018 she became Vice President of IPSANZ, a position she still holds. She has been a committee member of the International Association for the Protection of Industrial Property (AIPPI Australia) from 2013. In 2016 she became treasurer and chair of the continuing professional development committee, a position she still holds.  She is also vice chair of AIPPI’s global amicus curiae committee.