Wednesday, 21 November 2018
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Karen Anne Hayne
“Advising my clients and solving their legal problems is more than just my job.  I do feel very much a part of each of my clients' businesses, so I take it personally.  Their success is my success.”
 
Telephone +61 2 8915 1029
Facsimile +61 2 8916 2029
Email Karen Anne
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I am fully invested in the commercial success of my clients – I take the success or failure of my clients personally.  If we are successful with a matter for a client then I feel like I have had a win too, but if they lose then likewise I consider this a personal loss in a sense as well.  My approach is one where I go beyond the procedural and look to what it is that the client wants to achieve and why. This enables me to provide a commercially and legally creative solution for them.


It is really important that my role as legal advisor to my clients benefits their businesses and assists their success.  As some of the large global brands for whom I act in Australia do not have a local corporate or in house counsel, I feel a part of their business and team.  I enjoy acting for my clients and take considerable pride in acting for each of them and having them entrust me with their legal work and valuable brands.


The intellectual property and litigation work  I undertake includes acting for some of the world’s largest brand names, as well as iconic Australian brands.  My practice includes maintaining the integrity of my clients' trademarks as well as advising on their trade mark portfolios, intellectual property strategies and brand protection, piracy and infringement issues.
 

 

Qualifications

LLB (Hons) – University of Melbourne

 

Regularly rated in Chambers Global and Asia Pacific as a notable intellectual property lawyer in Australia

 

Ranked in the World Trademark Review 1000 every year from 2012

 

Appearing regularly in the Doyles Guide nominated lawyers, including in 2018, as a recommended NSW and Australian Trademark Lawyer

 

Ranked, Leading Intellectual Property lawyer in the Who's Who in Legal (2018)

 

Ranked in Managing Intellectual Property IP Stars Australia (including 2017 and 2018)

 

Member, Intellectual Property Society of Australia and New Zealand (IPSANZ)

 

Member, International Trade Mark Association (INTA)

 

INTA Committee Member, Emerging Issues (Asia-Pacific)

“Karen Hayne has been representing Virgin Enterprises Limited in protecting its intellectual property in Australia for quite some years. She is passionate about our brand and that commitment reflects in her legally astute and commercially pragmatic advocacy. We consider Karen an extension of our in-house team and she has made an invaluable contribution to the growth and strength of the Virgin brand in Australia.”
Virgin Enterprises Limited, London.
 
Latest News
The Coca-Cola Co snaps up Australia's MOJO Kombucha
02 November 2018
The Coca-Cola Co snaps up Australia's MOJO Kombucha
MORE INFORMATION
See More
Latest Knowledge
The NSW Container Deposit Scheme – 'Return and Earn'
12 November 2018
In an earlier Focus Paper, we outlined the regimes for the regulation of waste in Australia and referred to the Australian Packaging Covenant. In this paper, we provide insight into the recently introduced NSW-based container deposit scheme.
MORE INFORMATION
Employment Law in Australia Overview
05 October 2018
In Australia, employment is primarily regulated by legislation at the Federal level. There are some areas, notably long service leave, which continue to be regulated at the State and Territory level.
MORE INFORMATION
Commercialisation of Intellectual Property
14 November 2018
In this edition of BenchTV, Partner, Donna Short and Special Counsel, Hazel McDwyer discuss the phases of a commercialisation project, the types of intellectual property in commercialisation agreements, and the need for the protection of intellectual property both on a domestic and global scale.
MORE INFORMATION

My work includes:

 

  • Intellectual property and brand protection strategy and advice, including commercialisation and licensing – covering all forms of intellectual property
  • Brand protection including dealing with intellectual property disputes (including trade marks, designs, copyright, passing off and confidential information disputes)
  • All facets of trade mark practice including portfolio management and strategy, registration, oppositions and related infringement matters
  • Australian Consumer Law – consumer protection advice and related proceedings
  • Domain name advice, registration and disputes
  • Parallel importation, Customs, Piracy and Anti-Counterfeiting
  • Commercial litigation – including complex commercial disputes and Trade Practices (Australian Consumer Law) – consumer protection advice and related proceedings
     
 

Qualifications

LLB (Hons) – University of Melbourne

 

Regularly rated in Chambers Global and Asia Pacific as a notable intellectual property lawyer in Australia

 

Ranked in the World Trademark Review 1000 every year from 2012

 

Appearing regularly in the Doyles Guide nominated lawyers, including in 2018, as a recommended NSW and Australian Trademark Lawyer

 

Ranked, Leading Intellectual Property lawyer in the Who's Who in Legal (2018)

 

Ranked in Managing Intellectual Property IP Stars Australia (including 2017 and 2018)

 

Member, Intellectual Property Society of Australia and New Zealand (IPSANZ)

 

Member, International Trade Mark Association (INTA)

 

INTA Committee Member, Emerging Issues (Asia-Pacific)

“Karen Hayne has been representing Virgin Enterprises Limited in protecting its intellectual property in Australia for quite some years. She is passionate about our brand and that commitment reflects in her legally astute and commercially pragmatic advocacy. We consider Karen an extension of our in-house team and she has made an invaluable contribution to the growth and strength of the Virgin brand in Australia.”
Virgin Enterprises Limited, London.
 
Latest News
The Coca-Cola Co snaps up Australia's MOJO Kombucha
02 November 2018
The Coca-Cola Co snaps up Australia's MOJO Kombucha
MORE INFORMATION
See More
Latest Knowledge
The NSW Container Deposit Scheme – 'Return and Earn'
12 November 2018
In an earlier Focus Paper, we outlined the regimes for the regulation of waste in Australia and referred to the Australian Packaging Covenant. In this paper, we provide insight into the recently introduced NSW-based container deposit scheme.
MORE INFORMATION
Employment Law in Australia Overview
05 October 2018
In Australia, employment is primarily regulated by legislation at the Federal level. There are some areas, notably long service leave, which continue to be regulated at the State and Territory level.
MORE INFORMATION
Commercialisation of Intellectual Property
14 November 2018
In this edition of BenchTV, Partner, Donna Short and Special Counsel, Hazel McDwyer discuss the phases of a commercialisation project, the types of intellectual property in commercialisation agreements, and the need for the protection of intellectual property both on a domestic and global scale.
MORE INFORMATION
Virgin Enterprises Limited
I have undertaken all of the Virgin Group’s intellectual property work in Australia in respect of the VIRGIN brand for more than fourteen years , with the instructions for this work emanating from the Virgin Group’s London and Geneva based offices.
View Full Case Study
Playboy Enterprises International Inc
This client entrusts me with its intellectual property work in Australia in connection with the Playboy brands including the maintaining of Playboy Enterprises International Inc's trade mark portfolio in Australia and all related Trade Marks Office and infringement work.
View Full Case Study
Well known fast moving consumer goods businesses
Assisting a variety of these businesses with all facets of their brands and intellectual property issues.
View Full Case Study
 

Qualifications

LLB (Hons) – University of Melbourne

 

Regularly rated in Chambers Global and Asia Pacific as a notable intellectual property lawyer in Australia

 

Ranked in the World Trademark Review 1000 every year from 2012

 

Appearing regularly in the Doyles Guide nominated lawyers, including in 2018, as a recommended NSW and Australian Trademark Lawyer

 

Ranked, Leading Intellectual Property lawyer in the Who's Who in Legal (2018)

 

Ranked in Managing Intellectual Property IP Stars Australia (including 2017 and 2018)

 

Member, Intellectual Property Society of Australia and New Zealand (IPSANZ)

 

Member, International Trade Mark Association (INTA)

 

INTA Committee Member, Emerging Issues (Asia-Pacific)

“Karen Hayne has been representing Virgin Enterprises Limited in protecting its intellectual property in Australia for quite some years. She is passionate about our brand and that commitment reflects in her legally astute and commercially pragmatic advocacy. We consider Karen an extension of our in-house team and she has made an invaluable contribution to the growth and strength of the Virgin brand in Australia.”
Virgin Enterprises Limited, London.
 
Latest News
The Coca-Cola Co snaps up Australia's MOJO Kombucha
02 November 2018
The Coca-Cola Co snaps up Australia's MOJO Kombucha
MORE INFORMATION
See More
Latest Knowledge
The NSW Container Deposit Scheme – 'Return and Earn'
12 November 2018
In an earlier Focus Paper, we outlined the regimes for the regulation of waste in Australia and referred to the Australian Packaging Covenant. In this paper, we provide insight into the recently introduced NSW-based container deposit scheme.
MORE INFORMATION
Employment Law in Australia Overview
05 October 2018
In Australia, employment is primarily regulated by legislation at the Federal level. There are some areas, notably long service leave, which continue to be regulated at the State and Territory level.
MORE INFORMATION
Commercialisation of Intellectual Property
14 November 2018
In this edition of BenchTV, Partner, Donna Short and Special Counsel, Hazel McDwyer discuss the phases of a commercialisation project, the types of intellectual property in commercialisation agreements, and the need for the protection of intellectual property both on a domestic and global scale.
MORE INFORMATION
IP Australia Fee Changes
2/9/2016
Changes to IP Australia's official fees will take place from 10 October 2016. Below is an outline of the fee changes with a focus on trade marks.
View Full Focus Paper
All is fair in Love, War and Search Engine Optimisation? Not quite, but using a Competitors' Brand as Google AdWords, may well be……
21/6/2016
Search Engine Optimisation for online businesses is an important issue, which requires the expenditure of significant time, money and effort to manage and utilise, to the fullest advantage of the business.
View Full Focus Paper
Raising The Bar update - Too high or not high enough?
30/5/2016
On 15 April 2013, the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (RTB Act) came into force in Australia. The RTB Act gave rise to a number of significant changes across Australia's intellectual property legislation.
View Full Focus Paper
VPN? "Virtual Private Network" & "Very Peeved Netflix"? The Battle for Control of Overseas Content Continues …..
23/2/2016
Last weekend streaming company Netflix again tried to ramp up its blocking of users accessing its content (from locations other than that of the user) via Virtual Private Networks (VPNs).
View Full Focus Paper
Game Over……Pirates and ISP's One, Dallas Buyers Club Nil…….But will there be a rematch? The final word on the Dallas Buyers Club piracy Case
12/2/2016
The deadline expired on Thursday 11 February 2016 for Dallas Buyers Club LLC (DBCL) (makers of the film Dallas Buyers Club) and Voltage Pictures LLC to appeal the latest decision of his Honour Justice Perrami in this long running dispute against iiNet and various other internet service providers (ISPs) for copyright infringement.
View Full Focus Paper
Tracking your online life? Data Retention Laws Update
24/12/2015
It has been described as a mass data retention policy, a justified expansion of rules on data or a breach of privacy and civil liberties. Whatever it is, or your views about it, Australia's expanded data retention laws are now operative.
View Full Focus Paper
That's the ball game Y'all - Federal Court dismisses Dallas Buyers Club piracy case
17/12/2015
The Federal Court has now dismissed this case after iiNet failed to convince the presiding Judge, Perram J, of an acceptable solution to accessing and using relevant iiNet account holder information.
View Full Focus Paper
It's my colour and I will trade mark it if I want to … or not …"Hello Yellow"
16/11/2015
When registering a trade mark in Australia over a brand name or characteristic, registering a colour can be a stumbling block, and is often unsuccessful. Could it be that the next best thing is to protect the word mark for the colour?
View Full Focus Paper
Speculative Invoicing – not the Australian way
14/9/2015
We have previously reported on the piracy case brought by Dallas Buyers Club LLC (makers of the film Dallas Buyers Club (DBCL)) and Voltage Pictures LLC against iiNet and other internet service providers (ISPs) for copyright infringement.
View Full Focus Paper
The New Copyright Amendment (Online Infringement) Bill 2015 has passed – is this a win for Copyright Owners?
25/6/2015
Hot on the heels of the Dallas Buyers’ Club proceedings, copyright owners have been provided with another tool in their armoury to prevent infringement of their content. But will it be the kryptonite copyright owners are seeking against piracy?
View Full Focus Paper
Landmark Piracy Case - ISPs to Hand Over Customer details
9/4/2015
We previously reported on the landmark piracy case filed by Dallas Buyers Club LLC (DBCL) (the company that owns the rights to the 2013 film, Dallas Buyers Club (Film)). The Federal Court of Australia has now ordered iiNet Limited (iiNet) and other internet service providers (ISPs) named in the proceedings to provide to DBCL personal information of Australian customers suspected of illegally downloading the Film.
View Full Focus Paper
Permissible Conduct for Owners of an Expiring Patent – Were Pfizer's actions a LEAP too far?
31/3/2015
In the recent high profile case, ACCC v Pfizer (Pfizer), Justice Flick held that Pfizer, in making commercial offers to maintain the sale of its popular Liptor pharmaceutical product after the expiry of its patents, did not breach the misuse of market power and exclusive dealing provisions of the Competition and Consumer Act 2010 (Cth) (CCA).
View Full Focus Paper
Proposed New Data Retention laws in Australia – essential change or a step too far?
13/3/2015
The Telecommunications (Interception and Access) Amendment (Data Retention) Bill 2014 (the Bill) was introduced into the House of Representatives by Communications Minister Malcolm Turnbull on 30 October 2014.
View Full Focus Paper
Australian Solution to Piracy – Industry Code for Internet Service Providers
5/3/2015
Dallas Buyers Club, LLC v iiNet Limited & Ors [2014] (Federal Court). There have been significant developments in Australia recently in respect of dealing with online piracy.
View Full Focus Paper
Intellectual Property Laws Amendment Act 2015 – Australia - Doing the Right Thing and Doing Things Right!
12/2/2015
The Intellectual Property Laws Amendment Act 2015 (the Act) was passed by the Senate on 9 February 2015.
View Full Focus Paper
Patentability of Computer-Implemented Schemes in Australia
19/12/2014
In a recent case, Research Affiliates LLC v Commissioner of Patents , the Full Court of the Federal Court of Australia (Full Court) considered whether a computer implementation of an otherwise unpatentable business scheme was sufficient to render that method patentable.
View Full Focus Paper
Google AdWords and the Right To Fair Competition v The Rights of Trade Mark Owners – A Battle in the UK
17/12/2014
In the long running dispute between Interflora Inc (Interflora) and Marks & Spencer (M&S) in the United Kingdom, the English Court of Appeal has overturned the decision of the English High Court and has remitted the matter back to the High Court for a retrial.
View Full Focus Paper
Trade Mark or common place word? Cantarella Bros Pty Limited v Modena Trading Pty Limited – High Court determines trade mark dispute over use of foreign words for coffee products
8/12/2014
The High Court of Australia has delivered its decision in Cantarella Bros Pty Limited v Modena Trading Pty Limited (Cantarella Case).
View Full Focus Paper
Duty of Care: Owners and Occupiers of Retail Premises - Woolworths Ltd v Ryder
15/8/2014
In the recent decision, Woolworths Ltd and Ryder, the NSW Court of Appeal (the Court) considered whether Woolworths Ltd (Woolworths) owed a duty of care to users of a common area near the entrance of its premises in circumstances where the hazard was created by use of a product purchased from Woolworths. The Court found in favour of Woolworths and held that a duty of care was not owed by Woolworths in those circumstances. This is an interesting and particularly relevant case for owners or occupiers of retail premises. We examine below the factors that are relevant in determining whether a duty of care should be imposed.
View Full Focus Paper
Do You Understand Your Licence and What Terms Survive Termination? Beware the Litigation Clause
6/8/2014
The Full Federal Court has determined that a licensee to a licence agreement is liable to contribute towards the licensor’s costs of patent infringement proceedings initiated by the licensor during the term of the agreement, despite the agreement having expired.
View Full Focus Paper
Kosciuszko Thredbo's Appeal receives a Frosty Reception from the Full Federal Court - the difficulty with geographic and descriptive brands
25/7/2014
On 21 July 2014 the Full Federal Court (Siopis, Rares and Katzmann JJ) delivered its judgment in the Kosciuszko Thredbo Pty Ltd v ThredboNet Marketing Pty Limited Appeal1. The Appeal was wholly unsuccessful and we look below at the reasons why and what this decision means for brand owners with geographical or descriptive brands.
View Full Focus Paper
Further Changes in Store for Australia's Google AdWords Trademark Policy
14/7/2014
Australia's Google AdWords Trademark Policy (Policy) will soon be updated so that it falls into line with the rest of the world in relation to its Reseller and Information Site criteria.
View Full Focus Paper
Will Alcohol Brand Owners be the Next to Face Extensive Limitations on their Ability to Advertise and Use their Brands?
12/6/2014
In 2011 Australia was the first country to introduce legislation which limited the ability of brand owners to use their trade marks on packaging, requiring all tobacco products to be sold in plain packaging.
View Full Focus Paper
Indicia and Images of Major Sporting Events Will be Protected
6/6/2014
The Major Sporting Events (Indicia and Images) Protection Act 2014 (Cth) (Act) received royal assent on 27 May 2014. Most provisions of the Act will come into effect on 1 July 2014.
View Full Focus Paper
New Zealand High Court Weighs in on Google AdWords - Brand Owners Continue to Navigate Acceptable Online Brand Use
29/4/2014
A number of our previous Focus Papers have dealt with the evolving legal issues surrounding on-line brand use, particularly advertising and use of Google's AdWords.
View Full Focus Paper
Protecting your Brand Overseas – Important changes to Chinese Trade Mark Law
1/4/2014
Some of our previous Focus Papers have touched on the territorial nature of trade mark rights and the importance of protecting your brand in each country in which you intend to trade. The cultural, political and economic relationships between China and Australia have grown considerably over the past few decades.
View Full Focus Paper
Parallel Imported Products and Counterfeit Goods – Direct Selling Companies Protect Your Brands – Lodge a Notice of Objection with Customs
26/3/2014
Direct selling companies may either have trade marks registered in Australia or be an authorised user of an Australian trade mark.
View Full Focus Paper
Twitter Not Immune from Social Media Liability - A Timely Reminder to Check your Social Media Policy
21/3/2014
The evolution and increased use of social media has required businesses to grapple with this new medium. Those without a robust social media policy expose the business to a myriad of possible adverse issues which may arise. The first Australian Twitter-based defamation case to proceed to trial has provided a timely reminder of the possible exposure and adverse impacts which can result from misconduct via social media.
View Full Focus Paper
Is Your Brand Protected Internationally?
13/2/2014
One of the common errors brand owners make when seeking protection of their trade marks is the failure to recognise that only seeking to protect their trade marks in Australia, means that their trade marks will not generally be protected in other countries.
View Full Focus Paper
AUSTRALIA'S EVOLVING LEGAL POSITION ON USE OF OTHER TRADER'S BRANDS IN ONLINE ADVERTISING
31/1/2014
The law in Australia continues to develop regarding use of competitor brands including use in domain names, in the content of online ads and use of Google Adwords.
View Full Focus Paper
 

Qualifications

LLB (Hons) – University of Melbourne

 

Regularly rated in Chambers Global and Asia Pacific as a notable intellectual property lawyer in Australia

 

Ranked in the World Trademark Review 1000 every year from 2012

 

Appearing regularly in the Doyles Guide nominated lawyers, including in 2018, as a recommended NSW and Australian Trademark Lawyer

 

Ranked, Leading Intellectual Property lawyer in the Who's Who in Legal (2018)

 

Ranked in Managing Intellectual Property IP Stars Australia (including 2017 and 2018)

 

Member, Intellectual Property Society of Australia and New Zealand (IPSANZ)

 

Member, International Trade Mark Association (INTA)

 

INTA Committee Member, Emerging Issues (Asia-Pacific)

“Karen Hayne has been representing Virgin Enterprises Limited in protecting its intellectual property in Australia for quite some years. She is passionate about our brand and that commitment reflects in her legally astute and commercially pragmatic advocacy. We consider Karen an extension of our in-house team and she has made an invaluable contribution to the growth and strength of the Virgin brand in Australia.”
Virgin Enterprises Limited, London.
 
Latest News
The Coca-Cola Co snaps up Australia's MOJO Kombucha
02 November 2018
The Coca-Cola Co snaps up Australia's MOJO Kombucha
MORE INFORMATION
See More
Latest Knowledge
The NSW Container Deposit Scheme – 'Return and Earn'
12 November 2018
In an earlier Focus Paper, we outlined the regimes for the regulation of waste in Australia and referred to the Australian Packaging Covenant. In this paper, we provide insight into the recently introduced NSW-based container deposit scheme.
MORE INFORMATION
Employment Law in Australia Overview
05 October 2018
In Australia, employment is primarily regulated by legislation at the Federal level. There are some areas, notably long service leave, which continue to be regulated at the State and Territory level.
MORE INFORMATION
Commercialisation of Intellectual Property
14 November 2018
In this edition of BenchTV, Partner, Donna Short and Special Counsel, Hazel McDwyer discuss the phases of a commercialisation project, the types of intellectual property in commercialisation agreements, and the need for the protection of intellectual property both on a domestic and global scale.
MORE INFORMATION