Hazel McDwyer is a Partner in our Intellectual Property & Technology team. She advises clients on all aspects of intellectual property, from brand protection to enforcement as well as on privacy, technology and Australian Consumer Law issues.
Hazel’s experience, gained through advising on intellectual property and privacy issues in Australia and Ireland, has provided her with a comprehensive understanding of the commercial needs of her clients in a range of jurisdictions and particularly in cross border matters.
She acts for clients in a range of industries such as food and beverage, health, media, financial services and technology, from start-ups to ASX listed companies and multinationals.
Hazel partners with her clients to ensure that they can identify and secure their intellectual property rights and to protect their intellectual property rights from infringement. Privacy is becoming increasingly important for businesses in all sectors and Hazel advises on privacy compliance issues as well as data breach notifications.
Hazel has been recommended for Intellectual Property for many years in the Legal 500 Asia Pacific, including in the 2021 edition. She was also ranked in the WTR 1000 2021 in the area of Prosecution & Strategy.
Areas of expertise
- Brand protection and enforcement, including trade mark prosecution, opposition, infringement and clearance advice.
- Management of extensive trade mark portfolios in Australia and overseas.
- Intellectual property commercialisation, including advising on complex licensing and royalty arrangements.
- Intellectual property disputes – trade marks, copyright, designs, passing off and Australian Consumer Law – including before the Federal Court of Australia and IP Australia.
- Intellectual property aspects of commercial transactions and construction projects, including due diligence.
- Privacy matters, including advising on privacy regulatory compliance, data breach notifications, privacy impact assessments and contractual privacy issues.
- Advertising compliance reviews and product labelling advice.
Specific experience examples
- Advising on the corporate rebranding of a leading ASX listed healthcare company and a number of its divisions, including advising on trade mark clearance issues and strategy.
- Acting for an Australian beverage company in trade mark opposition proceedings against a third party, including advising on and negotiating the settlement of these proceedings.
- Assisting a major Australian property development company with the management and prosecution of its trade marks in Australia and overseas.
- Advising a medical diagnostics company on the licensing and acquisition of development assets, including patented technology.
- Advising a large Australian food producer on a range of intellectual property issues, including with respect to a national television, print and online advertising campaign.
- Acting for a leading document management solutions company in Federal Court trade mark infringement proceedings against third parties importing and selling non-genuine products using a number of its trade marks.
- Assisting an Australian parent company with complex intellectual property issues relating to the divestment of some of its overseas subsidiaries, including addressing trade mark issues and licensing of IP with respect to previously shared services.
- Advising on privacy due diligence issues with respect to the Australian aspects of an international acquisition by a global company of another multinational company, including reviewing the target’s privacy documentation and due diligence responses and advising on risks.
- Advising an Australian data processor on GDPR related issues, including applicability of GDPR to sub-contractors and certain clauses for inclusion in contracts.
- Advising on and negotiating a Managed Services Agreement between a financial services company and an information technology services provider.