Colette Downie

Colette's practice spans contentious and non-contentious IP matters, focusing on complex and high value patent disputes, often as part of a multijurisdictional patent litigation strategy.

Throughout her career, Colette has developed a particular aptitude for working with clients operating in technology-intensive sectors. This includes advising on, and acting in, patent disputes in the Federal and High Courts of Australia concerning small molecule therapeutics, monoclonal antibodies including biosimilars, biotechnology inventions, medical devices, solar cells, and consumer goods. Colette was also involved in Australia's first enquiry into compensation concerning the quantification of compensation associated with Pharmaceutical Benefits Scheme-listed pharmaceuticals in a claim on an undertaking as to damages following patent revocation.

Whilst her practice has a life sciences and FMCG sector focus, Colette’s clients operate in a diverse range industries, and also include local and global companies in media / digital technologies, mining and manufacturing, automotive / transport, financial services, cosmetics and luxury goods.

Colette’s litigious experience is complemented by her regulatory practice. She advises clients on therapeutic food and food regulatory issues concerning the marketing and sale of goods, registration of medicines, advertising compliance, labelling clearances, compliance with industry codes, and the food/medicine/cosmetic interface. Colette also advises life sciences, media and technology companies on administrative and public law issues including Freedom of Information, appeals from regulator decisions and Parliamentary Inquiries.

Colette is also experienced in providing patent and trade mark freedom-to-operate advice. As a registered trade marks attorney, Colette’s practice also includes trade mark prosecution and portfolio management, brand protection and enforcement activities and anti-counterfeiting initiatives. She has also advised on, and acted in, matters concerning international arbitration proceedings.

In 2024, Colette was named a Rising Star by Australasian Lawyer magazine, and in 2018, she was awarded the 30 Under 30 Award (Intellectual Property).

• Acting for a world-leading green energy provider and solar cell manufacturer in high value patent infringement and revocation proceedings commenced by Hanwha in the Federal Court of Australia. The Australian proceedings are part of a multijurisdictional dispute in which there are also counterpart proceedings in the US and Germany.
• Acting for a North American clothing and beauty company in trade mark and brand enforcement proceedings concerning alleged counterfeit perfume products. 
• Acting for a major Australian bank in high value trade mark oppositions in the Australian Trade Marks Office. 
• Advising a major medical devices company on medical device regulatory issues and interactions with the Therapeutic Goods Administration. 
• Advising a global biotechnology company on patent freedom to operate for patents relating to a biological medicine. 
• Acting for a multinational mass-media and entertainment conglomerate in numerous brand enforcement actions. 
• Acting for a global biotechnology company in a confidential patent dispute relating to a large, complex patent portfolio concerning monoclonal antibody products, methods of production and their use in treating immune-mediated inflammatory conditions. *
• Acting for a multinational pharmaceutical company in Australian patent infringement and revocation proceedings concerning a blockbuster pain treatment in the Federal and High Court of Australia. *
• Acting for a multinational pharmaceutical company in the Federal and High Court of Australia in the first Australian inquiry into compensation on an undertaking as to damages following the successful revocation of a pharmaceutical patent (here, concerning an antiplatelet drug). *
• Acting for a North American nutraceuticals company in Federal Court proceedings to enforce a foreign arbitral award as a judgment of the court. *

* Colette acted on these matters prior to joining Baker McKenzie

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• Rising Star, Australasian Lawyer (2024)
• Winner, Lawyers Weekly, 30 Under 30 Awards (Intellectual Property) (2018)
• Finalist, Australian Law Awards (Rising Star) (2018)

• Intellectual Property Society of Australia and New Zealand - Member
• Law Institute of Victoria - Member
• Young International Arbitration Group - Member