Sam Fiddian
Clayton Utz
Partner
Perth
Recognised as one of Western Australia's leading Intellectual Property and Technology Lawyers
– Doyles Guide
Overview
Sam is a Partner at Clayton Utz and a specialist in a broad spectrum of intellectual property, technology and privacy matters, providing strategic advice to clients operating in range of industries including the public sector, health, mining, energy and resources, and fintech and regtech.
Notable Work
- Complex patent litigation: acted for a publicly-listed technology provider in defending complex patent infringement claims made in the Federal Court of Australia relating to state-of-the-art seismic data processing for the mining and resources sector.
- IP ownership dispute: acted for a public health authority in proceedings in the Supreme Court of WA against a former employee, a former contractor and the authority’s professional advisors to recover valuable IP rights rightfully owned by the authority, including claims with respect to the intersection of IP laws and equitable duties.
- Pro forma IT contracts: prepared a suite of pro forma IT contracts for a large WA public utility for use across the business, providing flexibility to address vendor concerns while protecting the client’s own interests.
- Software licensing and implementation: advised a large public organisation on the licensing of an electronic solution to a traditionally paper-based system in what will be a world first use of the technology in the relevant industry.
- IP commercialisation: advised a large multinational miner (as licensor) in respect of a significant (both in terms of monetary value and duration) IP licensing agreement negotiated over many months.
- Data breach incidents: provided urgent advice and support to organisations impacted by data breach and cyber-attacks including in respect of how to respond to the breach itself, together with more comprehensive advice on weak privacy practices exposed by the breach.
- Privacy audit: conducted an audit of a large, multi-business unit aged-care organisation for compliance with the Privacy Act 1988 (Cth), proposing improvement opportunities across the business and providing policies to assist in compliance.
- Commissioner initiated investigation: advised a large WA health service provider on its response and participation in a Commissioner Initiated Investigation launched by the OAIC, including being the primary point of contact for the OAIC.
- Use of vehicle monitoring technology: advised a large utility provider as to the privacy and surveillance law implications of installation and use of vehicle tracking and driver observation technology in its fleet of vehicles, including assistance with comms plans.
- Trade mark portfolio management: advised, managed and coordinated a large ASX-listed technology company on the maintenance and expansion of its trade mark portfolio both in Australia and overseas (including the US, UK, EU and parts of Asia and South America).
Insights
WA privacy and responsible information sharing laws: a framework for the responsible sharing of government information
17 Feb 2025 | Article
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WA privacy and responsible information sharing laws: Notifiable information breaches scheme
5 Dec 2024 | Article
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WA privacy and responsible information sharing laws: the new Information Privacy Principles
27 Aug 2024 | Article
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OAIC takes legal action against Medibank: a wake-up call to prioritise data protection and privacy
2 Jul 2024 | Article
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First impressions: WA privacy and responsible information-sharing laws
27 May 2024 | Article
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WA privacy and responsible information sharing laws set to be introduced – are you ready?
17 May 2024 | Article
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Australian privacy law reforms 02: how proposed changes to the employee records exemption might impact your organisation
25 Oct 2023 | Article
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Australian privacy law reforms 01: Federal Government sets out the future of privacy law in Australia
4 Oct 2023 | Article
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New WA Government Intellectual Property Policy focuses on responsible management and exploitation of IP assets
24 Jul 2023 | Article
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Australian Privacy Law Reforms: how will expanded individual privacy rights impact your practices and procedures?
30 Jun 2023 | Article
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Attorney-General releases report following two-year review of the Privacy Act
16 Feb 2023 | Article
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A united front – Western Australia proposes to introduce data privacy laws
21 Dec 2022 | Article
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Important changes to the Privacy Act, including significantly increased penalties – so start getting ready now
31 Oct 2022 | Article
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Sweeping data privacy reform planned, and first dedicated Minister for Cyber Security appointed
7 Jul 2022 | Article
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Litigation 101 Series: Privacy (transferring personal information internationally)
24 Jun 2022 | Article
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Privacy 5 Minute Fix 03: National Data Security Action Plan, COVID-19 tracing
9 Jun 2022 | Article
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Media Release: Clayton Utz advises Harvest Road on its investment in ProForm Foods
20 Dec 2021 | Media Release
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Binding Online Privacy Code, personal right to sue and more enforcement all proposed by Privacy Act reform process
26 Oct 2021 | Article
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Australian Government consultation to protect Australia from digital piracy: are new directors' duties on the horizon?
5 Aug 2021 | Article
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When is a parody or satire also "fair"? Section 41A of the Copyright Act 1968 (Cth) explained
5 Aug 2021 | Article
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Is your '.au' domain name compliant? New rules to apply from your next creation, transfer or renewal
8 Jul 2021 | Article
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Australian privacy law reforms: insights from the OAIC's submissions
23 Dec 2020 | Article
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Media Release: Clayton Utz acts on DUG Technology's oversubscribed IPO and ASX listing
13 Aug 2020 | Media Release
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Media release: Clayton Utz advises Tattarang on its investment in GLX Digital
20 Jul 2020 | Media Release
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Privacy and information sharing legislation on the horizon for the WA public sector
5 Sep 2019 | Article
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Office of the Australian Information Commissioner's new report on the first year of the Notifiable Data Breaches Scheme
30 May 2019 | Article
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New cross-border privacy rules both increase and ease burden on Australian businesses
16 May 2019 | Article
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Expect tougher penalties for privacy breaches from an OAIC with more funding and more powers
4 Apr 2019 | Article
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Privacy obligations under the consumer data right regime: what's changing, and what you'll need to consider
7 Mar 2019 | Article
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We have been warned: tighter policing of the Notifiable Data Breaches Scheme in the wake of the Banking Royal Commission
7 Feb 2019 | Article
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Mandatory data breach notification starts today ‒ are you ready?
22 Feb 2018 | Article
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Notifiable Data Breaches Scheme: draft guidance materials demonstrate that preparation is paramount
12 Oct 2017 | Article
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Take notice – mandatory data breach notification laws to take effect by 23 February 2018
16 Mar 2017 | Article
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