Richard Hoad specialises in advice and dispute resolution in intellectual property, technology, franchising and competition and consumer law matters.

He acts for major domestic and international clients involved in disputes concerning patents, designs, trade marks, copyright, confidential information, domain names, and advertising claims.

Richard also helps clients protect their intellectual property rights through robust drafting of agreements for research, commercialisation, licensing, assignment, franchising, distribution and IT. He's particularly alive to the emerging risks and opportunities presented by the rise of ecommerce and social media.

Richard has given evidence as an independent expert witness on Australian trade mark and contract law in proceedings before the High Court in Singapore.

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Expertise

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Intellectual Property

Labelmakers: Acting for Labelmakers in Federal Court proceedings against five former employees (and a company they formed) for misuse of confidential information, breach of fiduciary duties and related breaches of the Corporations Act.

Victoria University: Represented Victoria University in various related matters in the Victorian Supreme Court concerning software developed by University staff.

Independent Distillers: Represented Independent Distillers in a successful defence of an interlocutory injunction application in relation to alleged design infringement.

See Intellectual Property

Patents

Novartis: Acting for Novartis in patent infringement proceedings against Apotex concerning patents for various anti-hypertensive agents.

Mayne Pharma: Represented Mayne Pharma in an application for judicial review of the decision of the Commissioner of Patents to extend the term of a pharmaceutical patent.

Faulding: Represented Faulding in patent infringement brought by Bristol Myers Squibb concerning a method of administering an anti-cancer drug.

Regency Media:  Represented Regency Media, Australia's largest independent DVD manufacturer, in relation to proceedings brought in the Federal Court concerning the purported termination of a patent licence under section 145 of the Patents Act.

Monsanto: Key team member representing Monsanto in pioneering patent litigation in the Federal Court relating to patents for the genetic modification of cotton and corn plants. This matter was part of worldwide litigation involving the same suite of patents.

See Patents

Trade Marks

Bob Jane Corporation: Acting for Bob Jane Corporation (operator of Bob Jane T-Marts) in Federal Court proceedings for trade mark infringement, passing off and misleading or deceptive conduct.

Spotless: Acted for Spotless in Federal Court proceedings against Qantas for trade mark infringement, passing off and misleading or deceptive conduct.

Remington: Represented Remington in the Australian limb of its global dispute with Philips in relation to triple headed rotary shavers, including a successful defence of an application for special leave to appeal to the High Court of Australia. The case concerned allegations of trade mark infringement, design infringement, and passing off.

See Trade Marks

Copyright

See Copyright

Advertising and Marketing

Toyota: Represented Toyota in relation to allegations of misleading or deceptive conduct made by the ACCC concerning the leather content of certain Toyota vehicles.

Various alternative medicine practitioners: Represented a number of alternative medicine practitioners in two sets of proceedings brought in the Federal Court by the ACCC for alleged misleading or deceptive conduct.

Victoria Racing Club (VRC): Represented the VRC, including in Federal Court proceedings, in various matters resulting in the VRC securing many crucial Melbourne Cup-related domain names previously controlled by third parties.

Leo Barry: Represented former AFL footballer Leo Barry in Federal Court proceedings against the AFL and Tabcorp for passing off and misleading or deceptive conduct concerning the use of the player’s image in a substantial marketing campaign by Tabcorp.

See Advertising and Marketing

Social Media

Richard advises clients on the risks and opportunities created by social media, such as the unauthorised disclosure of confidential information online, as well as issues related to advertising, marketing, branding and reputation.

See Social Media

Telecommunications, Media and Technology

ThoroughVisioN (TVN): Acted for TVN in arbitration proceedings concerning a media rights dispute with Tabcorp and Sky Channel.

Commonwealth of Australia – Department of Defence: Key team member advising the Commonwealth Department of Defence in relation to a dispute with an IT services provider, which involved the provision of strategic advice and the negotiation of a new agreement.

Origin Energy: Key team member advising Origin Energy in relation to a significant outsourcing (business processes and IT) and systems integration project. This was one of the largest projects of its kind in Australia in 2008 and involved an extensive team of partners and lawyers (across three law firms and different states) and various consultants.

See Telecommunications, Media and Technology

Competition

Toyota: Represented Toyota in relation to allegations of misleading or deceptive conduct made by the ACCC concerning the leather content of certain Toyota vehicles.

Various alternative medicine practitioners: Represented a number of alternative medicine practitioners in two sets of proceedings brought in the Federal Court by the ACCC for alleged misleading or deceptive conduct.

Leo Barry: Represented former AFL footballer Leo Barry in Federal Court proceedings against the AFL and Tabcorp for passing off and misleading or deceptive conduct concerning the use of the player’s image in a substantial marketing campaign by Tabcorp.

See Competition

Litigation and Dispute Resolution

Confidential client: Acted for a multinational biotech company in arbitration proceedings concerning supply and distribution agreements entered into with an Australian listed company.

See Litigation and Dispute Resolution

Government Services

Commonwealth of Australia – Department of Defence: Key team member advising the Commonwealth Department of Defence in relation to a dispute with an IT services provider, which involved the provision of strategic advice and the negotiation of a new agreement.

Victoria University: Represented Victoria University in various related matters in the Victorian Supreme Court concerning software developed by University staff.

See Government Services

Knowledge

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