Claire Bothwell

Special Counsel Brisbane

Phone

+61 7 3292 7017

Mobile

[email protected]

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Overview

Claire specialises in information technology and intellectual property law.

Claire regularly advises a range of government and private sector clients on technology transactions, including large-scale technology procurements for the supply of managed services, core applications and technology systems. Claire advises on legal issues arising throughout the contract lifecycle from the procurement process, through to contract implementation, contract management and dispute resolution.

Claire also advises clients on a range of intellectual property and other commercial agreements and on the IP and IT elements of M&A transactions.

Claire is an experienced legal project manager and has obtained a certification from the Australian Institute of Project Management in recognition of her legal project management capabilities.

Notable Work

Reserve Bank of Australia – API Project: advised on a technology project to facilitate the provision of interfaces for government agencies through an API Gateway cloud solution.
Brisbane City Council – Corporate Telephony Project: acted as the lead lawyer and primary point of contact for Council in connection with Council's procurement of corporate telephony services, including voice, data, corporate WAN, mobile services and unified communications. Claire advised on and negotiated multiple Comprehensive Contracts under the QITC framework in parallel over a compressed timeframe as part of Council's evaluation process. As part of that process Claire advised on range of complex issues including the QITC contract framework, information and communication technology and security issues.
Gold Coast City Council – City WAN: advised Council on its project to appoint a contractor to provide maintenance and management for Council's WAN, including fibre optic cable, network equipment, telecommunications equipment rooms and cabinets and wi-fi.
UnitingCare Queensland – Telecommunications Services: advised UCQ on the acquisition of telecommunications products and services, including data, mobile, voice and a number of customised services under a master services agreement. She also delivered training to staff on the key terms of the agreement following execution of that agreement.
CleanCo Queensland – ERP Project: advised on CleanCo's procurement of an ERP Solution following an Accelerated Competitive Dialogue process.
Major pharmaceutical company – Outsourcing: advised a major pharmaceutical company on an outsourcing arrangement for adverse event reporting to the Therapeutical Goods Administration and other pharmaceutical regulators.
Cross River Rail Delivery Authority – ETCS Level 2 Project: a key member of the team currently advising on the intellectual property and technology aspects of the Delivery Authority's procurement of the European Train Control System (ETCS) Level 2 signalling and control system for Queensland Rail's inner city rail network and Cross River Rail. This project includes both the initial purchase, supply, installation and testing of the hardware and software components of the ETCS system and supporting infrastructure, as well as the ongoing maintenance and support arrangements for those components during the life of the system.
Software audit issues: advised a number of private sector clients on the strategy for responding to claims of software under-licensing including providing advice on contractual terms and strategies for reaching a negotiated outcome.
Agribusiness start-up – IP strategy: advised a start up on the identification and management of IP and strategies for maintaining protection of its IP assets. As part of this process, Claire prepared an IP Protocol to provide guidance to staff involved in the development of the company's IT system and to create processes relevant to IP protection. Claire also advised on the terms of an agreement for the participation by the company in a commercialisation hub, including options for ownership of IP developed as part of that process.
Major pharmaceutical company – Outsourcing: advised a major pharmaceutical company on an outsourcing arrangement for adverse event reporting to the Therapeutical Goods Administration and other pharmaceutical regulators.
International distribution agreement: advised an international distributor of consumer products on the terms of its distribution agreement including trade mark licensing and quality control requirements.
Energy drinks manufacturer: advised a major energy drinks manufacturer on its anti-counterfeiting strategy, including investigations, customs surveillance and enforcement activities.
Major gaming company: advised a major gaming company on a trade mark infringement claim in relation to allegedly counterfeit gaming components. The advice included whether the use in question was ""use as a trade mark"" and advice on the application of trade marks to second hand goods.
Acquisition of a pharmaceutical business: advised on the IP aspects of the purchase of a pharmaceutical business, the transfer of contracts and IT systems under a multi-jurisdictional TSA and BAU activities post acquisition.
Cross River Rail Delivery Authority – ETCS Level 2 Project: a key member of the team currently advising on the intellectual property and technology aspects of the Delivery Authority's procurement of the European Train Control System (ETCS) Level 2 signalling and control system for Queensland Rail's inner city rail network and Cross River Rail. This project includes both the initial purchase, supply, installation and testing of the hardware and software components of the ETCS system and supporting infrastructure, as well as the ongoing maintenance and support arrangements for those components during the life of the system.
Reserve Bank of Australia – API Project: advised on a technology project to facilitate the provision of interfaces for government agencies through an API Gateway cloud solution.
Brisbane City Council – Corporate Telephony Project: acted as the lead lawyer and primary point of contact for Council in connection with Council's procurement of corporate telephony services, including voice, data, corporate WAN, mobile services and unified communications. Claire advised on and negotiated multiple Comprehensive Contracts under the QITC framework in parallel over a compressed timeframe as part of Council's evaluation process. As part of that process Claire advised on range of complex issues including the QITC contract framework, information and communication technology and security issues.
Gold Coast City Council – City WAN: advised Council on its project to appoint a contractor to provide maintenance and management for Council's WAN, including fibre optic cable, network equipment, telecommunications equipment rooms and cabinets and wi-fi.
CleanCo Queensland – ERP Project: advised on CleanCo's procurement of an ERP Solution following an Accelerated Competitive Dialogue process.

Claire Bothwell

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