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 trademark litigator who knows her stuff, and, more importantly, how to win a case” World Trademark Review 2011
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.
  • 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 NSW Member
  • Australian Self Medication Industry Association Member
  • Law Council of Australia Member
  • College of Law Invited Speaker
  • University of New South Wales Invited Speaker
  • Royal Botanic Gardens Foundation Councillor
  • Obesity Australia Limited Honorary Adviser

What others say

  • “Nominated for 'Best Lawyer in IP Litigation'” Euromoney Legal Media Group Asia Women in Business Law Awards 2011
  • “'One of the World’s Leading Practitioners in the Trademark Field'” The International Who’s Who of Trade Mark Lawyers 2010 and 2011
  • “Leading Patent Law Practitioner” Guide to the World’s Leading Patent Law Practitioners 2010 and 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
  • “Leading professional in Intellectual Property, Trade Marks, Copyright and Patents” Chambers Global 2008, 2009, 2010 and 2011
  • “Intelligent and experienced and clients respect her skills as both a litigator and an advisor and as bringing a breath of fresh air to client relationships” Chambers Global Guide
  • “'Smart, direct and effective trademark litigator who knows her stuff – and, more importantly, how to win a case' – Ranked 'Band 1 for Australian Contentious Trademark Lawyers'” World Trademark Review 2011
  • “Recognised as a 'Best Lawyer – Intellectual Property: Patents, and Trademarks & Copyright'” Best Lawyers Peer Reviews, 2008 and 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
  • “Recognised as a 'Preeminent Lawyer - Intellectual Property'” Doyle’s Guide to Australia’s Leading Lawyers, 2010
  • “Recognised as a 'Leading Lawyer – Intellectual Property'” Doyle’s Guide to Australia’s Leading Lawyers, 2011
  • “Recognised as a 'Leading Australian Life Sciences Lawyer'” Intellectual Asset Management Life Sciences Guide 2010