Timothy Webb

Partner Sydney

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Tim was impressive on all fronts - most importantly, he understood our commercial objectives and ensured the legal strategy achieved exactly what we wanted.

– Chambers Asia-Pacific

Overview

An "expert litigator" (Legal 500) helping clients resolve disputes. He explores clients' legal and non-legal drivers, then develops and implements strategies to achieve those objectives. He also has an extensive advisory practice. Tim's special interest is intellectual property, assisting clients in both contentious and non-contentious matters.

Tim has won landmark Australian cases in trade marks, copyright and designs, and regularly acts for clients in the Copyright Tribunal of Australia. He also has a strong international arbitration practice and is a Fellow of the Chartered Institute of Arbitrators.

Tim is the joint head of the firm's Trade Mark and Brand Protection Group which is responsible for matters relating to the registration of trade marks including mark selection, applications, renewals, oppositions and non-use applications.

Notable Work

Acting for Apple in Copyright Tribunal proceedings concerning a licence scheme proposed by APRA AMCOS for the reproduction and communication of musical/literary works by the subscription video on demand (SVOD) industry. Achieved Apple's preferred licence terms.
Acting for Optus in numerous successful matters including High Court proceedings in which Telstra challenged the constitutional validity of parts of the telecommunications access regime, multiple commercial disputes in the Supreme Court of NSW, and the first Federal Court proceedings under s 115A of the Copyright Act in which rights holders sought injunctions requiring ISPs to disable access to online locations. Also acting for Optus' parent company, Singtel, in connection with the September 2022 cyber-attack on Optus (arguably the most significant in Australian corporate history).
Acting for the Seven Network on its media rights agreements including negotiation of the 2025 to 2031 AFL agreement (the largest sport rights deal in Australian history) and the 2024-25 to 2030-31 Cricket Australia agreement. This follows a long line of work assisting Seven with acquiring sports rights, including deals with the International Olympic Committee, Commonwealth Games, Swimming Australia, Professional Golfers Association of Australia, V8 Supercars and Wimbledon.
Acting for Isentia (largest media monitoring organisation in Australia) in Copyright Tribunal proceedings against Copyright Agency concerning a licence for the reproduction and communication of media articles. Isentia was successful both before the Tribunal and in the judicial review application to the Federal Court. Also acting for Isentia in Federal Court proceedings that will be the first case in Australia that directly considers the scope of the Crown use provisions in the Copyright Act (judgment reserved).
Acting for The a2 Milk Company Limited (dairy company dual listed on the NZX and ASX) in various IP matters including four Federal Court appeals from decisions of the Trade Marks Office (each successful) and two Federal Court proceedings concerning trade mark infringement and rectification issues (ongoing).
Acting for numerous Federal Government departments and agencies in relation to both disputes and IP issues. These include acting for the Department of Defence in Federal Court proceedings concerning the designs for the Collins Class submarines and ACT Supreme Court proceedings relating the submarines' construction, and advising the Department of Education, Skills and Employment on the creation of the Higher Education Research Commercialisation IP Framework.
Acting for Free TV Australia (peak industry body representing commercial television broadcasters) in Copyright Tribunal proceedings concerning an industry licence from PPCA for the transmission of commercial sound recordings on broadcast television and BVOD services. The proceedings are ongoing.
Acting for the NRL (operator of the world’s premier Rugby League competition) in respect of various IP issues including trade mark, copyright and licensing matters.
Acting for Hellenic Broadcasting Corporation (state-owned public radio and television broadcaster of Greece) in Federal Court proceedings alleging copyright infringement by an unauthorised broadcaster.
Acting for a client in an international arbitration under the Swiss arbitral rules defending copyright infringement claims in respect of a major property development with the claimant seeking damages of $100 million. Successfully argued that the Arbitral Tribunal lacked jurisdiction and our client was awarded its costs of the proceedings.

Timothy Webb

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