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  • Robert Cooper

    Partner
    Melbourne
    T: +61 3 9643 4405
    M: +61 413 708 462
 

 Professional Biography

 
  • Robert Cooper is an expert in contentious matters concerning all aspects of intellectual property and IT. Acknowledged for his IP Law expertise in ‘World's Leading Patent Law Practitioners 2009 and 2010, ‘Asia IP 2010’, Intellectual Asset Management's ‘The World's Leading Patent and Technology Licensing Lawyers 2010’ and Best Lawyers in Australia 2009. The Legal 500 recently described Robert as 'client-focused, pragmatic and having significant respect throughout the industry'.

    Robert has 19 years' experience in handling all aspects of IP advice, disputes, licensing issues and trade mark registrations. Robert is a partner in the team that recently won MIP's Global Awards ‘Australian Contentious IP Firm of the Year 2010’.

    Robert has substantial experience in patent disputes in areas such as business methods, methods of treatment, mobile telecommunications, pharmaceutical compounds and processes, financial services, multi-valent vaccines, mechanical devices, heavy engineering, industrial refrigerants and various consumer goods. He has experience in acting in substantial multi-jurisdictional patent disputes for patentees and revokers.

    Robert successfully acted for Sweet Rewards in its defence of a trade mark infringement, passing off and misleading and deceptive conduct claim brought by Mars Australia in the Federal Court and on appeal in the Full Federal Court, which claimed that his client's ‘Malt Balls’ product came too close to the iconic packaging for ‘Maltesers’ (recently cited by Asia IP as a ‘case of the year’).

    He is presently advising Incitec Pivot Limited in a substantial confidential information claim in the Supreme Court of Victoria regarding a business method.

    Robert advises clients in complex IT disputes. He has a Masters degree in Computing and has successfully acted for telecommunications, publishing and e-commerce clients in this field.

    Robert is a registered trade marks attorney and co-manages the trade marks practice in the Melbourne centre. He manages the trade mark protection needs of a range of Australian and international clients. Robert also advises clients on strategic IP licensing issues, especially where relationships become strained or disintegrate.

    In conjunction with his Australian litigation expertise, Robert is also qualified to practise in England and Wales. He has a broad background acting for clients in the High Court and Appeal Court in England.

    Robert was on the National Board of LESANZ (Licensing Executives Society) for many years as both secretary and editor and regularly writes and presents to clients and at national and international conferences on topics such as life sciences patent disputes, business method patents and tactics in patent and IP litigation, personal liability in IP disputes, interlocutory injunctions, managing major IT disputes, trade mark licensing and anti-counterfeiting strategies. Robert also edits King & Wood Mallesons' renowned annual Patent Case Review.

    Robert is also the Responsible Partner in the Melbourne office for our Human Rights Law Group and led the successful King & Wood Mallesons team in the urgent constitutional High Court of Australia voter enrolment challenge which enabled 100,000 additional Australians to vote at the August 2010 Federal Election.

 

 Experience

 
  • 1989: Bachelor of Laws, LLB (Hons), Leicester Polytechnic, England
  • 1990: Masters of Science, (MSc) Computing, Leicester Polytechnic, England
  • 1991: Law Society's Finals Course (professional exams), Newcastle-Upon-Tyne Polytechnic, England
  • 1992 - 1994: Articles, Pettman Smith, London
  • 1994 - 1997: Lawyer, Bird & Bird, London
  • 1996: Postgraduate Diploma in Intellectual Property Law & Practice, University of Bristol
  • 1998 - 2002: Lawyer and Senior Associate, Allens Arthur Robinson
  • 1999: Australian re-qualification exams, Melbourne University and Deakin University
  • 2002 - 2003: Partner, Allens Arthur Robinson
  • 2003 - present: Partner, Mallesons Stephen Jaques
  • Robert regularly writes and presents to clients and at national and international conferences on topics such as life sciences patent disputes, business method patents and tactics in patent and IP litigation, personal liability in IP disputes, interlocutory injunctions, managing major IT disputes, trade mark licensing and anti-counterfeiting strategies. Robert also edits Mallesons' renowned annual Patent Case Review.

 

 Recent Matters

 
  • Incitec Pivot - currently acting in a substantial breach of confidence dispute concerning a business method in the Supreme Court of Victoria.
  • Acted for Sweet Rewards - Mars unsuccessfully sued for trade mark infringement, passing off and breach of section 52 of the Trade Practices Act. Mars' action failed in the Federal Court and on appeal in the Full Federal Court (cited by Asia IP as a 'case of the year').
  • Successfully acted in an IT dispute against a supplier of two large complex IT systems to a major Australian company.
  • Successfully acted in an IT dispute against a supplier following the failure to supply a content management solution.
  • Successfully acted for PhotoCure ASA, a Norwegian pharmaceutical company and Galderma SA, a French pharmaceutical company, in revocation and infringement proceedings involving a patent for a method of treatment for skin cancer.
  • Successfully acted for Novartis Vaccines in relation to an appeal by GSK from the Patent Office decision allowing the opposition against its patent for a multi-valent vaccine.
  • Successfully acted in an IT dispute for a sub-contractor where a substantial claim was made by the prime contractor relating to the functioning of our client's software in a major system implementation.
  • Sucessfully acted for a global software vendor in claims of misleading and deceptive conduct relating to their sales and marketing materials for their customisable products.
  • Succesfully acted for a leading subscription database company regarding the repeated copying of its data by a competitor.
  • Successfully acted for Welcome Real-time in Australia's first business method patent case, with both the infringement and validity actions completed in eight months.
 

 Professional Memberships

 
  • Previous National Secretary, board member and editor of the Licensing Executives Society of Australia and New Zealand (LESANZ)
  • American Intellectual Property Law Association (AIPLA)
  • Copyright Society of Australia
  • Intellectual Property Society of Australia and New Zealand (IPSANZ)
  • The Law Society of England and Wales