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DLA Piper

LEVEL 22, NO.1 MARTIN PLACE, SYDNEY, NSW 2000, AUSTRALIA
Tel:
Work +61 2 9286 8000
Fax:
Fax +61 2 9286 8007
DX:
107 SYDNEY
Email:
Web:
www.dlapiper.com

Melinda Upton

Tel:
Work +61 2 9286 8209
Email:
DLA Piper LLP (US)

Work Department

Co-Managing Partner - Australia and Head of Intellectual Property and Technology in Australia

Position

Melinda Upton is a leading intellectual property partner with extensive experience across all aspects of brand protection, exploitation and enforcement, both in Australia and globally. This includes advising local, regional and global companies on branding and rebranding strategies and maximising their intellectual property portfolios, as well as matters involving trademark protection and enforcement, anti-counterfeiting, advertising and marketing, domain name disputes, consumer protection, passing off, social media and design protection, plus intellectual property audits and due diligence.

Melinda has acted for domestic and global clients (including public, private and government entities) across a number of industries including FMCG, energy, water management, entertainment, life sciences, technology, cosmetics, healthcare, aviation, transport, financial services, energy and resources, publishing, fashion and hospitality.

She has worked side by side with corporate, financial services and insolvency colleagues on transactions involving significant IP assets in the Asia, North American and European regions. She has also worked with investigators and prosecuting authorities on criminal investigations and with the Australian Customs Service to prevent the importation of counterfeit goods in Australia.

Please refer to link for further details of expertise and experience: https://www.dlapiper.com/en/australia/people/u/upton-melinda/

Career

Supreme Court of New South Wales.

Languages

English

Member

Member of Intellectual Property Society of Australia and New Zealand and previously served on NSW Committee; Member of International Trade Mark Association (INTA) and recently appointed to its parallel imports committee; Registered Notary Public and member of Society of Notaries of New South Wales; Member, Australian Institute of Company Directors

Education

Bachelor of Commerce, University of Wollongong; Bachelor of Laws, University of Technology, Sydney


Australia

Intellectual property

Within: Intellectual property

DLA Piper's five-partner team is led by global co-chair of the firm’s trade mark, copyright and media group Melinda Upton, who has substantial experience across the gamut of intellectual property work, and advises a client roster including names such as Fitbit and Gucci. Sydney-based Nicholas Tyacke, who is ‘wise, experienced and fast’, is acting for Pfizer in numerous proceedings in the Federal Court of Australia, including the first cases in Australia to address claims on undertakings as to damages by generic pharmaceutical companies, their suppliers and the Commonwealth of Australia. Robynne Sanders is acting for a client in its suit against Mattel for patent infringement in the Federal Court of Australia. Upton continues to advise the Australian Wool Innovation non-profit on its trade marks portfolio.

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Legal Developments by:
DLA Piper LLP (US)

  • Sentencing guidelines for corporate manslaughter

    In February 2010 the Sentencing Guidelines Council (the SGC) issued definitive guidelines to courts on imposing appropriate sentences for corporate manslaughter and health and safety offences causing death. The SGC states that fines imposed on companies found guilty of corporate manslaughter should not fall below £500,000, while fines in respect of health and safety offences that are a significant cause of death should be at least £100,000. Crucially, the SGC declined to provide for a fixed link between the imposed fine and the turnover or profitability of the offending company.

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