Spheres of expertise

• Intellectual property (trade marks, copyright, designs, patents, confidential information, passing off and contravention of section 52 of the Trade Practices Act 1974)
• Franchising
• Commercial Litigation
• Equity (including trust disputes, Family Provision Act and general probate matters)

Carmen has specialised throughout her career in intellectual property law. She was identified as one of the world's leading trade mark lawyers in "Guide to the World's Leading Experts in Trade Mark Law" and her name also appeared in the first issue of "Guide to the World's Leading Experts in Patent Law". She also has extensive experience in copyright and design law, as well as passing off and contravention of the consumer protection provisions of the Trade Practices Act 1974. She has been involved in litigation to protect the brand names "Bacardi", "Gucci", "The Phantom", "The Simpsons", "Spuds McKenzie" and “Microsoft” and many others. She conducted the first case on the interpretation of s.24 of the Circuit Layouts Act 1989. and two cases that determined whether video games fall within the definition of "cinematograph film" in the Copyright Act 1968. She has appeared for the ABC in AOC v Australian Broadcasting Commission concerning the ownership of copyright in a film of the Melbourne Olympics.

Carmen Champion has an extensive practice in the area of trade mark oppositions, and trade mark matters generally.

She has been involved in innumerable cases dealing with passing off and misleading conduct under the Trade Practices Act 1974.

Commercial Disputes/Franchising

She has been briefed in numerous matters arising out of commercial arrangements, including agreements relating to the development of websites or computer software generally. She has recently been involved in 4 disputes involving the purported termination of franchises which raised issues of breach of the duty of good faith and unconscionable conduct.

Equity & Probate matters.

She has been briefed in numerous matters relating to applications under section 7 of the NSW Family Provision Act 1982, and section 18A of the Wills, Probate and Administration Act 1898. She has also been briefed in a number of matters relating to property disputes resulting from the breakup of various types of relationships, such as partnerships, joint-ventures and same partner relationships.

Education

Bachelor of Laws (Sydney University)

Career Highlights

Employed by Allen Allen & Hemsley, specializing in intellectual property law and commercial litigation.

Joined Westgarth Baldick (later Corrs Chambers Westgarth) as a Senior Associate in 1986. Appointed a Partner in 1988. Partner in charge of the Technology and Intellectual Property Group in Sydney until July 1997. Specialising in intellectual property litigation, franchising, the commercial exploitation of intellectual property, and the consumer provisions of the Trade Practices Act 1974.

Employed by Spruson & Ferguson, Patent & Trade Mark Attorneys, to conduct that firm’s trade mark opposition work, and to advise generally on intellectual property matters.

Mediation Training

Former Associate Member of The Institute of Arbitrators & Mediators.ACDC Certificate of Business & Commercial Mediation


Other Professional Activities

Member of a number of professional and industry organizations including the Copyright Society and the Intellectual and Industrial Property Society (Sydney).

She has lectured on franchising at the University of New South Wales, and was a co-author of "International Franchising" published by the Centre for International Legal Studies.

She is the author of a monthly intellectual property/franchising law newsletter titled LOCUTUS.

She has written several articles and given numerous presentations including:

“When Silence is not Golden” (overview of the latest section 52 cases)
“Interaction of the Trade Practices Act and Intellectual Property”
"Protection of Computer Software World Wide"
"Licensing of Technology"
"Franchising in Australia"
"Protection of Intellectual Property"
"Confidential Information Recent Developments"
"Franchising and Licensing"
"Copyright Litigation"
"Intellectual Property Due Diligence"
"Recognition of International Reputation"
"Protection of Confidential Information"
"Successful IT Contracts Key Issues & Legal Requirements"
“Legal Pitfalls Common to Sponsorship Contracts"
"Intellectual Protection Available to New Products"
"Copyright in Architects' Plans"
"Problems in Cyberspace"
"Using Intellectual Property as Security"
“Conduct of Intellectual Property Litigation”
“Trade Mark Opposition Proceedings: A Practical Guide”.
“Restraint of trade provisions in employment and consultancy contracts”
“The use of Notices to Produce in Trade Mark Opposition Proceedings”
“The place of the ‘Gestalt” theory in passing off proceedings”
 “Copyright in Architect’s Plans/ Guide to the Conduct of Copyright Litigation”.
“Sale of business agreements/the transfer of confidentiality obligations”.