Odette Gourley

Partner. Sydney.

+61 2 9210 6066 |   |  vCard

At the top of her game, Odette is not only leading the field, she’s changing the rules.

With more than 20 years experience in intellectual property, regulatory law and commercial litigation, Odette has acted in landmark cases that have redefined distinct areas of trademark and patent law.

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At the top of her game, Odette is not only leading the field, she’s changing the rules.

With more than 20 years experience in intellectual property, regulatory law and commercial litigation, Odette has acted in landmark cases that have redefined distinct areas of trademark and patent law.

Her track record includes major cases for leading companies in IP-driven sectors, including pharmaceutical, medical devices and biotechnology, fast moving consumer goods, food and beverages, manufacturing and services including media and communications, R&D, financial services, advertising and market research.

In addition to her prowess as a litigator, Odette has expertise in all areas of regulatory and administrative law and is an expert in brand strategy, trademark portfolio management, marketing and advertising law, and product liability issues affecting regulated products.

With a unique and deep understanding of the commercial drivers steering innovation, Odette assists her clients to realise opportunity.

“2014 Sydney Biotechnology Lawyer of the Year” Best Lawyers Peer Review
Odette Gourley

Odette's Expertise

  • Landmark case: E&J Gallo v Lion Nathan Australia Acted for the successful applicant in this High Court case that re-established orthodox positions regarding trade marks as badges of origin and the trademarks of international brand owners were used when goods were sold to Australian consumers, even after circulation in international distribution channels with import into Australia by a retailer not known to the brand owner.
  • International litigation: Aktiebolaget Hassle v Alphapharm Pty Ltd Acted as the team leader for the patentee in what became a landmark case in patent law. On appeal, the High Court reversed a judgment setting the standard for inventiveness of drug formulation patents in a decision of fundamental importance to global pharmaceutical companies.
  • Global brands: Winnebago v Knott Investments Odette acted for the famous American manufacturer of recreational vehicles Winnebago Industries Inc in recovering its brand Winnebago more than 30 years after unauthorised use first started in Australia. The local respondent’s appeal will be heard by the Federal Court in 2013.
  • Marketing law appellate court guidance: Johnson and Johnson v Unilever In this important decision for FMCG, the Federal Court of Australia ruled on challenges made by Unilever on superiority claims for tanning body moisturiser products first launched by Johnson & Johnson. The judgment provides guidance to advertisers and marketers on the standards to be applied in market research to justify comparative superiority claims of that kind for consumer products.

Odette's Leadership

  • Intellectual Property Society of Australia and New Zealand Member and Invited Speaker
  • Licensing Executive Society of Australia and New Zealand Member and Invited Speaker
  • International Trademark Association Member, Committee Member and Invited Speaker
  • Australian Corporate Lawyers Association Member
  • Copyright Society of Australia Member
  • Australian Information Industry Association Member
  • Australian Self Medication Industry Association Member
  • Law Council of Australia Member
  • College of Law Invited Speaker
  • University of New South Wales Invited Speaker
  • Obesity Australia Limited Honorary Adviser
  • Law Society of New South Wales Member

What others say

  • “Sydney Biotechnology Lawyer of the Year” Best Lawyers Peer Review, 2014
  • “Sources single Odette out as 'an expert in IP,' and are impressed with her 'good strategic advice' and practical approach” Chambers Global Guide, 2014
  • “Odette Gourley’s track record marks her out as a game-changer when it comes to demanding disputes. Her blend of contentious and brand strategy, regulatory and administrative law expertise resonates with top multinationals.” World Trademark Review, 2014
  • “Leading Lawyer - Intellectual Property: Trade Mark & Copyright and Intellectual Property: Patents” Chambers Global Guide, 2008-2014
  • “Brilliant operator...takes on many of the toughest suits - and wins” World Trademark Review, 2013
  • “Smart, direct and effective trademark litigator who knows her stuff - and, more importantly, how to win a case” World Trademark Review, 2011
  • “Leading Patent Law Practitioner” Guide to the World’s Leading Patent Law Practitioners, 2010 & 2011
  • “Exclusive Winner of the IP category for Australia - as a law firm partner standing apart for the excellent care she provides” International Law Office Client Choice Awards, 2011
  • “Intelligent and experienced and clients respect her skills as both a litigator and an adviser and as bringing a breath of fresh air to client relationships” Chambers Global Guide, 2012
  • “Best Lawyer - Intellectual Property” Best Lawyers Peer Reviews, 2008 & 2009
  • “Unbelievably good at successfully resolving the most complex of matters and described by clients and peers as technically superb and very, very knowledgeable” Australasian Legal Business, 2008
  • “Preeminent Lawyer - Intellectual Property (NSW)” Doyle’s Guide to the Australian Legal Profession, 2010 & 2012
  • “Leading Australian Life Sciences Lawyer” Intellectual Asset Management Life Sciences Guide, 2010
  • “Best Lawyer - Intellectual Property Litigation” Euromoney Women in Business Law Awards, 2011 & 2012
  • “Knows what she's doing” Chambers Global Guide, 2013
  • “Best Lawyer - Biotechnology” Best Lawyers Peer Review, 2013 & 2014
  • “Featured Expert - Patents, Patent Litigation and Regulatory” Who's Who Legal, 2014
  • “Featured Expert - Trade Marks and Patents” Who's Who Legal, 2012
  • “Featured Expert - Trade Marks” Who's Who Legal, 2010 & 2011
  • “Best Lawyer - Litigation” Best Lawyers Peer Review, 2014

Odette's Thinking