find the latest legal job
Senior Associate - Litigation & Dispute Resolution
Category: Litigation and Dispute Resolution | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Come work for a firm ranked in Lawyers Weekly Top 25 Attraction Firms
View details
Associate - Workplace Relations & Safety
Category: Industrial Relations and Employment Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Employer of choice · Strong team culture
View details
Freelance Lawyers
Category: Banking and Finance Law | Location: All Perth WA
· Freelance opportunities through Vario from Pinsent Masons
View details
Freelance Lawyers
Category: Other | Location: All Adelaide SA
· • Qualified lawyer with a strong academic background
View details
Freelance Lawyers
Category: Other | Location: All Melbourne VIC
· • Qualified lawyer with a strong academic background
View details
IP litigator joins Wrays

IP litigator joins Wrays

An intellectual property litigator with more than 30 years’ Australian and international experience, ranging from explosives detection to rock’n’roll to fast ferry ride controls, has joined Perth-based law firm Wrays.

Stephanie Faulkner (pictured) has acted on a range of IP-related matters from cloud computing and ore-carrying cars in the Pilbara, to university employee patents.

Wrays’ CEO Frank Hurley said Wrays’ copyright and IP practice was looking forward to leveraging off her knowledge.

“Ms Faulkner also places high importance on training juniors, providing thorough mentoring and experience so they learn the whole mantra of client service and ethical responsibilities,” said Hurley.

Faulkner said she chose to work with Wrays because it has always had a very good reputation in WA.

“Since returning to Perth about 10 years ago there has been a dramatic increase in the number of IP-related actions in the Federal Court in WA. We are punching well above our weight on a per capita basis, which is only right as WA punches above its weight in other ways as well,” she said.

Faulkner said that, in IP, there is a “natural synchronicity” between litigation and commercial transactions because “if you understand the technology and the client’s business, it also allows you to conduct litigation with a view to future transactional opportunities”.

Litigation, Faulkner said, was not solely about winning but also about preserving the integrity of a client’s IP rights, which can play an important part in the strength of their business and the wider economy.

“If I act for a defendant, then l want to make sure that the right asserted is being correctly applied and is not being enforced more broadly than it should be,” she said.

Around the time of 9/11, Faulkner explained, she worked on a technology that detected plastic explosives in baggage.

“We carefully crafted exclusive licence rights so the technology could be used as widely as possible by a number of competing security providers, particularly in the US, where sensitivities were running very high,” she said, adding that other agreements for use of the technology were made with organisations in countries including Israel and China.

“Businesses often neglect markets not directly related to their own and so can miss out on licensing and revenue opportunities. Being mindful of international opportunities, and that a territory can be carved up in different ways to broaden licensing opportunities, can assist in providing a roadmap for improving revenue yields from IP rights.”

Faulkner also acted on the music-on-hold case run by APRA against Telstra, which went through to the High Court.

Telstra was held liable under the Copyright Act for all music-on-hold transmitted by its subscribers over the telephone network, even though it had no power to prevent it.

The act was subsequently amended so the provider of the music-on-hold service – each individual business – now has to obtain an APRA licence.

“This case also sparked a whole new licensing scheme for APRA for musical ringtones, which has gone on to be a nice little earner,” said Faulkner.

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

IP litigator joins Wrays
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Consultation
06:04
Lawyers slam rushed consultation for SA repeat offenders bill
The Law Society of South Australia has expressed concern for a proposal to roll out new laws amendin...
IBA
06:03
The pursuit of happiness in the law
A panel of legal experts have explored how to define success in the legal profession, and how lawyer...
Queensland University of Technology, ruby milestone
06:00
Queensland law school reaches ruby milestone
Celebrating 40 years since establishing a law course in 1977, the Queensland University of Technolog...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...