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Kenneth Philp

consultant, litigation and dispute resolution | intellectual property

meet Kenneth

about Kenneth

Not long after being admitted, Kenneth was already handling cases in the Court of Appeal and then the High Court.

His impressive legal career now spans almost four decades. He is widely regarded as one of the ‘go-to’ lawyers in intellectual property in Australia and is regularly retained by patent and trade mark attorney firms from Australia and overseas to act for their clients.

Ken’s clients vary widely from SMEs to multi-nationals. His clients include well known Australian tech and manufacturing companies, a major Australian wine producer and exporter, one of the world’s largest construction industry companies based in Europe, and the Jimi Hendrix Estate.

He has successfully litigated numerous high profile cases with important decisions that have set major precedents in intellectual property law. His extensive experience includes providing advice on protecting and litigating copyright, trade marks, design and patent issues, brand protection and confidential information.

He is known as a tough but fair litigator who will always do the right thing by his clients.

“My aim is to help clients get a practical, commercially sensible and strategic outcome in their IP matters without going to court. Often a really good commercial compromise is as good as a court win. If the clients can’t get that then I will fight hard to get the best possible court outcome for them.”

Areas of Expertise

circuit layouts act breaches
competition and consumer law
copyright
designs
domain names
franchising disputes
intellectual property due diligence
intellectual property litigation and dispute resolution
misleading and deceptive conduct
misuse of confidential information/trade secrets
patents and trade marks

awards

doyles guide, leading and prominent lawyer queensland, intellectual property, 2010 – 2019
lawyers weekly, finalist, intellectual property partner of the year award, 2017

leadership positions

australian representative, practice management committee of the association of intellectual property firms

recent experience

  • major precedent set with fish harvester patent

    Ken’s Australian acquaculture client had a patent on its machine that efficiently harvested farmed fish. When this highly valuable patent was threatened, Ken was called in to successfully prevent infringement and, after the client lost the trial, he won the appeals in Full Federal Court and the High Court. This mean the client was able to successfully onsell the technology to a major multinational player in the aquaculture industry. This case set a major precedent on how patent owners can strategically apply unique-to-Australia innovation patents to better protect their IP rights against pirates.

  • patent protection fight against caterpillar inc

    Ken’s client was being sued in the Federal Court by construction equipment manufacturer Caterpillar for patent infringement over components for earth moving machines. Ken and a leading IP barrister mounted a strong defence and counterclaim alleging invalidity of the patent. Ken moved quickly, getting Federal Court orders to send the case to an early mediation. After a long and furious negotiation facing a large team of Australian and international lawyers, a commercially sound deal was struck. Ken’s client was very relieved with such a positive outcome.

  • lodestar v campari

    Part of world-wide litigation lasting over a decade with more than 50 cases internationally, Ken represented his client in the Wild Geese Irish Whisky mark versus the Wild Turkey Bourbon mark proceedings. He successfully took the case to a five Judge bench of the Federal Court. This set the Australian precedent on what constitutes “use” of an Australian trade mark and the degree of control a mark licensor must exercise over its licensees.