Areas of practice

Intellectual Property

Trade Practices

Corporate and Commercial

Administrative

 

Date of admission as a barrister

2006

 

Contact details

+612 8815 9180

julian.cooke@5wentworth.com

 

Education

Mr Cooke graduated with a BA/LLB (Hons 1) and a Vice-Chancellor's Award for Academic Excellence from Murdoch University in 1995 and with a BCL from the University of Oxford in 1997.

 

Professional Career

Mr Cooke was the Associate to the Chief Justice of Western Australia in 1998-1999. He then moved to London and was admitted to practice as a UK qualified solicitor and later as a solicitor advocate in a London law firm practising in the field of commercial litigation and intellectual property. In 2002, Mr Cooke joined the intellectual property department at Mallesons Stephen Jaques, Sydney, where he became a Senior Associate.

 

At the Bar Mr Cooke specialises in intellectual property law (including patent, trade mark, copyright, design and misleading and deceptive conduct cases and domain name disputes), trade practices, corporate and commercial and administrative law. Mr Cooke has appeared in the High Court of Australia and regularly appears in the Federal Court of Australia, the NSW Supreme Court and also before hearing officers of IP Australia in respect of registration of patents and trade marks. He is also available to appear in the Copyright Tribunal of Australia.

 

Selected Cases

 

Patents

Mr Cooke appeared for Spirit Pharmaceuticals in successfully revoking a pharmaceutical patent owned by Sanofi-Aventis in Spirit Pharmaceuticals Pty Ltd v Sanofi-Aventis [2008] FCA 1194; [2009] FCAFC 134 (special leave to appeal was refused by the High Court [2010] HCATrans 59). He has also appeared in Alphapharm Pty Ltd v H Lundbeck A/S [2008] FCA 559 (pharmaceutical patent); Sheiman Ultrasonic Research Foundation Pty Ltd v Novapharm Research (Australia) Pty Limited [2008] FCA 770, [2008] FCA 1902; Glueck v Stang [2008] FCA 148, [2008] FCA 1439.

 

Mr Cooke is currently briefed to appear in the Federal Court for Amgen Inc against Hospira (pharmaceutical patent infringement/revocation)); Sprit Pharmaceuticals Pty Ltd against Mundipharma Pty Ltd (pharmaceutical patent revocation); Genetic Technologies Limited against Cancer Voices Australia (human genome patent revocation) and for Mr Law in his claim for patent (mechanical) infringement against Razer Industries Pty Ltd and and in related proceedings before the Patents Office. 

 

Copyright

Mr Cooke appeared for IceTV in successfully defending a claim brought by the Nine Network for copyright infringement in Nine Network Australia Pty Ltd v IceTV Pty Ltd [2007] FCA 1172, [2008] FCAFC 71, [2009] HCA 14 (where the High Court dismissed the claim). He has also appeared in  Parry v Aristocrat Technologies Pty Ltd & Ors [2007] HCATrans 483; The Polo/Lauren Company L.P. v Ziliani [2008] FCA 49, [2008] FCAFC 195 (parallel imports, copyright, designs).

 

Mr Cooke recently appeared for United Broadcasting International Pty Ltd in successfully obtaining an interlocutory injunction against Turkplus Pty Ltd to restrain television broadcasting: United Broadcasting International Pty Ltd v Turkplus Pty Ltd [2010] FCA 594. He is currently briefed to appear for CA Inc in its claim for copyright infringement/breach of confidence/trade practices in the Federal Court against ISI Pty Ltd.

 

Trade marks and misleading and deceptive conduct

Mr Cooke appeared for Health World in its successful High Court appeal on the question of "person aggrieved" [2010] HCA 13 and also appeared in the Courts below where Health World sought cancellation of Shin-Sun's trade mark in Health World Ltd v Shin-Sun Australia Pty Ltd [2008] FCA 100, [2009] FCAFC 14. He also appeared before the Full Court in Food Channel Network Pty Ltd v Television Food Network GP [2010] FCAFC 58 and is briefed to appear in the application for special leave to appeal to the High Court.  

 

Mr Cooke regularly appears before the Trade Marks Office. He appeared in Virgin Blue Airlines Pty Ltd v Qantas Airways Ltd [2009] ATMO 30 where he appeared for Qantas in successfully defending an opposition to register the trade mark "all day, every day, low fares". He recently appeared for the ABC in successfully opposing registration of a trade mark by Commercial Radio Australia, and for Eremad Pty Ltd in successfully resisting an opposition brought by Sanofi-Aventis.

 

Trade Practices

Mr Cooke appeared for IceTV at first instance in successfully defending claims of restraint of trade IceTV Pty Ltd v Ross [2009] NSWSC 980 and before the Court of Appeal (decision reserved). He also appeared in Campaign Master (UK) Ltd v Forty Two International Pty Ltd [2008] FCA 979  in successfully resisting an interlocutory injunction based upon s 52 TP Act. Mr Cooke recently appeared before the Full Court in Barnes v Fortytwo International Pty Ltd [2010] FCAFC 87 in successfully resisting an application for leave to appeal a decision in which he appeared below concerning breach of the implied undertaking: Forty Two International Pty Ltd v Barnes [2010] FCA 397; Campaign Master (UK) Ltd v Forty Two International Pty Ltd (No 4) [2010] FCA 398.

 

Corporate and Commercial

Mr Cooke appeared for John Alexander Clubs in its successful High Court appeal and in the proceedings below defending a claim for breach of fiduciary duty and constructive trust over the White City Land in Alexander’s Club Pty Ltd v White City Tennis Club [2010] HCA 19;[2009] NSWCA 114,[2007] NSWSC 1430. He has also appeared in Coyne v Calabro (No 5) [2010] NSWSC 694 (misrepresentation/contract) and a variety of other corporate and commercial matters including matters relating to breaches of director and other fiduciary duties, contract and property disputes.

 

Administrative

Mr Cooke appeared in Alphapharm Pty Ltd v H Lundbeck A/S [2008] FCA 559 which, in part, involved administrative law questions concerning s25A of the Therapeutics Goods Act 1989. Mr Cooke also advises generally on different aspects of the Therapeutic Goods 1989. He also recently appeared in the Dental Tribunal.

 

Publications

Bowne SC and Cooke: "Patent Litigation Precedents", Intellectual Property Precedents, Lexis Nexis, Butterworths; Cooke, "Bulletin (Copyright and Patents)", Intellectual Property Precedents, Lexis Nexis, Butterworths; O'Connell and Cooke, "Australia: A Patentee's Paradise?", [2003] European Intellectual Property Review 481; Cooke and O'Connell ""Rags to Riches?" Changes in Australian and European design laws" (2003) Australian Intellectual Property Journal 65; Headnotes, Australian Intellectual Property Reports 2003 - 2004.

 

Memberships

Mr Cooke is a member of the Intellectual Property Society of Australia and New Zealand and the Copyright Society.