Photo of Helen Macpherson

Helen Macpherson

Partner
Baker & McKenzie

Biography

Helen has 20 years' experience as an intellectual property litigation and dispute resolution specialist, advising on all types of intellectual property including patents, trademarks, copyright, moral rights and confidential information. Helen also has extensive experience advising clients on consumer law issues and disputes, in particular in the area of misleading and deceptive conduct disputes between competitors and with regulators and industry bodies arising from marketing and advertising campaigns.

Practice Focus

Helen’s past and present clients operate in a range of industries including the pharmaceutical, life sciences, medical device, telecommunications, information technology, manufacturing, agricultural, consumer goods, media, advertising and finance industries.

Helen has had a particular focus in her career working with clients on high-value patent disputes involving complex technologies. In these disputes, Helen has been able to draw upon her technical training in biochemistry and her ability to up-skill swiftly in relation to diverse technologies. Helen’s patent dispute work has encompassed disputes in the technical fields of inorganic, organic, physical and process chemistry, biochemistry, biotechnology and electrical, electronic and mechanical engineering. Helen regularly advises her patent clients on the preparation and execution of patent infringement, revocation and amendment strategies, including in the context of multijurisdictional patent disputes, as well as on the impact of relevant regulatory frameworks on these strategies and on freedom to operate and patentability issues.

Representative Legal Matters

Helen’s experience prior to joining Baker McKenzie includes:

Patents

  • Acting for an Australian IT/data company in Australian patent infringement and revocation proceedings relating to wireless sensor networks.
  • Acting for a multinational biotechnology company on their Australian biologic patent enforcement strategy.
  • Acting for a multinational toy manufacturer in Australian patent infringement and revocation proceedings relating to a mechanical toy, and collaborating with the client's US and Canadian counsel in relation to counterpart litigation in those countries.
  • Acting for a multinational biotechnology company in Australian patent infringement and revocation proceedings relating to a nucleotide analog prodrug for the treatment of Hepatitis C, and collaborating with the client and global counsel team on the coordination of counterpart patent infringement and revocation litigation including in the UK, US, Canada and Germany.
  • Acting for a multinational pharmaceutical company in a series of Australian patent infringement, revocation and amendment proceedings relating to specific crystalline and salt forms of an organic molecule and processes for the manufacture of this organic molecule.

Copyright, Moral Rights, Trademarks & Confidential Information

  • Acting for a multinational supermarket chain in trademark (infringement, revocation and registrability), passing off and consumer law (misleading and deceptive conduct) proceedings. 
  • Acting for a multinational pharmaceutical company in a breach of confidence action relating to the genetic code of plants used to derive an active pharmaceutical ingredient.
  • Acting for an Australian wagering and gaming company in copyright infringement proceedings relating to copyright in betting odds.
  • Acting for a multinational pharmaceutical company in trade mark infringement proceedings.
  • Acting for a healthcare industry provider in consumer law (misleading and deceptive conduct) proceedings relating to the industry provider's choice of corporate name.

Professional Honors

Listed in Best Lawyers, Australia, for Intellectual Property (2016-2020)

Professional Associations and Memberships

Intellectual Property Society of Australia and New Zealand - Member

Admissions

  • New South Wales~Australia (1999)

Education

  • University of Sydney (Bachelor of Laws) (1998)
  • University of Sydney (Bachelor of Science in Biochemistry) (1996)

Languages

  • English