Jonathan Flintoft is a partner in the Sydney office of Baker McKenzie where he advises on intellectual property law (particularly brand protection and trade mark prosecution), commercial law and consumer law. He has almost 20 years of experience advising on the selection, registration and protection of trade marks in Australia and globally.
Jonathan joined the Firm's London office in 1999 and relocated to Sydney in July 2005. He was appointed partner in 2015.
Jonathan's intellectual property (IP) practice focuses on brand protection and trade mark prosecution. He advises on brand selection, trade mark availability and disputes between parties before the Registrar of Trade Marks. Jonathan has significant experience coordinating global trade mark portfolios, particularly across the Asia Pacific.
His commercial practice involves drafting and negotiating agreements (including, franchising, distribution and supply, warehousing and logistics agreements), IP licences and assignments and IP commercialisation agreements, and advising on the application of Australian laws (such as competition and consumer legislation) to such agreements.
Representative Legal Matters
- Acting for a large Australian food and beverage manufacturer in respect of all aspects of trade mark clearances, protection, Registry enforcement and management of its worldwide portfolio of household name brands.
- Acting for a global cosmetics company in respect of the filing, prosecution and maintenance of their trade marks in Australia.
- Managing the trade mark portfolios of household name brands in a broad range of industries, including financial services, information technology, hotels and resorts, consumer electronics, automotive, alcoholic beverages and clothing.
- Acted for Valeant on the IP aspects of the A$930 million sale of its iNova Pharmaceuticals business to Pacific Equity Partners and The Carlyle Group.
- Acted for Wentworth Group of Concerned Scientists on the identification and protection of the IP relating to its Accounting for Nature Model and the drafting and negotiation of a licence to a third party operating company.
- Advising a global motorcycle manufacturer on the sale and distribution of its products in Australia and New Zealand - including: preparation of template dealer agreements and dealer policies, advice on the application of the Australian Franchising Code of Conduct to its agreements and preparation of compliance documentation, advising on dealer termination and non-renewal, drafting and negotiating agreements with third parties for the supply of goods and services, and advising on a range of marketing and promotion issues.
- Advising a global consumer electronics manufacturer on the establishment and operation of its selective distribution system in Australia and New Zealand - including: drafting and negotiating agreements, and advising on design and structure of the system, reseller termination issues, and the application of competition and consumer protection laws.
- Advising on the IP aspects of a number of major transactions, including M&A deals, technology licensing, and manufacture and supply arrangements.
- Advising clients in a range of industries on the application of the Australian Consumer Law to their activities, including mandatory consumer rights and the use of manufacturers' and extended warranties.
- New South Wales~Australia (2007)
- England & Wales~United Kingdom (2001)
- Oxford University (St. Catherine's College) (Bachelor of Civil Law) (1999)
- College of Law at York (Legal Practice Course) (1998)
- Oxford University (St. Catherine's College) (B.A. Law, Honors) (1997)
- Bristol University (Diploma in IP Law and Practice)
Publications, Presentations and Articles
- Speaker, "International IP Issues" National Franchising Convention Legal Symposium, Franchise Council of Australia, October 2018
- Speaker, "Case Law Update" National Franchising Convention Legal Symposium, Franchise Council of Australia, October 2015
- Speaker, "Social Media & Advertising Issues" National Franchising Convention Legal Symposium, Franchise Council of Australia, October 2014
- Speaker, "Technology Licenses: Safeguarding your IP Assets" Baker & McKenzie Asia Pacific Transactional IP Seminar, May 2014
- Speaker, "Disclosure Obligations under the Franchising Code" Legalwise Seminar, March 2014