Josh is an intellectual property and competition law specialist.
Josh's practice encompasses all aspects of the creation, acquisition, commercialisation, management, protection, and enforcement of intellectual property rights. He is widely recognised for his expertise in intellectual property commercialisation, including negotiation and implementation of complex multi-jurisdictional licensing arrangements.
Josh also acts for clients in litigation to enforce intellectual property rights, including patents, designs, trade marks, copyright and confidential information, and in actions relating to allegations of passing off and misleading and deceptive conduct.
Josh's areas of expertise include merger clearances, authorisations and notifications, access issues, restrictive trade practices, and consumer protection advice. Clients seek Josh's advice on advertising clearance, and in dealings with the ACCC and other regulators. He regularly conducts trade practices compliance training for commercial clients, and presents seminars on trade practice issues.
A significant aspect of Josh's practice is representing franchisors in connection with the establishment and development of franchised businesses, and related intellectual property and competition law issues. Josh acts for many leading franchise networks in relation to both their Australian and international operations. He has assisted Australian franchise systems to expand into many countries across the Americas, Europe, the Middle East, and Asia, as well as implementing new franchised, licensing and distribution networks within Australia.
Josh has been recognised by 'Best Lawyers' for competition law, regulatory, and intellectual property each year since 2010, and for franchising and information technology since 2013. Doyle's Guide rated Josh as South Australia's 'most favoured non-contentious IP Lawyer' in its Intellectual Property Report 2010, and was noted as being "...one of the country's best when it comes to trademark issues".
Josh has been the SA President of the Intellectual Property Society of Australia and New Zealand since 2008, and Deputy Chair of the Law Council of Australia's Competition and Consumer Committee since 2011. He is also a member of the Franchise Council of Australia's Legal Committee.
Recent experience includes:
- Advising commercial, government, and university clients regarding intellectual property and technology protection and commercialisation, including establishment and unwinding of R&D and collaborate research arrangements, establishment of joint ventures, cross border licensing arrangements, technology procurement, supply manufacture and distribution arrangements, and the sale or disposal of a range of intellectual property assets.
- Acting for commercial clients across a range of industries in disputes to enforce intellectual property assets (or defend allegations of infringement), including acting in litigation in the High Court, Federal Court, and state Supreme Courts to enforce rights in trade marks, patents, copyrights, designs, and trade secrets (confidential information).
- Advising major franchised and distribution networks regarding strategic and legal issues, including compliance with the Franchising Code of Conduct and Australian Consumer Law, national and international joint venture and licensing arrangements and competition issues.
- Advising clients on competition issues including merger clearance and antitrust issues, authorisations and notifications, and the structuring of joint ventures and other commercial arrangements to ensure compliance with the anticompetitive conduct provisions of the Competition and Consumer Act.
- Representing commercial clients in relation to investigations and enforcement action initiated by the Australian Competition and Consumer Commission (ACCC), and in the design and implementation of trade practices and privacy law compliance programs.