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.

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.

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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.

“Smart, direct and effective. She knows her stuff - and, more importantly, how to win a case” World Trademark Review
Odette Gourley

Odette's Expertise

  • 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.
  • 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.
  • 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
  • Law Society of New South Wales 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

What others say

  • “Best Lawyer - Life Sciences” Best Lawyers Peer Review, 2015-2016
  • “Best Lawyer - Litigation” Best Lawyers Peer Review, 2014-2016
  • “Best Lawyer - Biotechnology” Best Lawyers Peer Review, 2013-2016
  • “Leading Lawyer - Intellectual Property: Trade Mark & Copyright and Intellectual Property: Patents” Chambers Asia Pacific and Global Guides, 2008-2015
  • “Best Lawyer - Intellectual Property” Best Lawyers Peer Reviews, 2008-2016
  • “Strong advertising law expertise” Asia Pacific Legal 500, 2015
  • “Trusted adviser...Outstanding at anticipating a client’s needs and coming up with creative ways to achieve the client’s objectives” World Trade Mark Review 2015
  • “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
  • “Brilliant operator...takes on many of the toughest suits - and wins” World Trademark Review, 2013
  • “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 Litigation” Euromoney Women in Business Law Awards, 2011 & 2012
  • “She is pragmatic, down to earth and really efficient” Chambers Global Guide, 2015

Odette's Thinking