Fiona Gilbert Principal

Fiona Gilbert heads up our intellectual property team and specialises in intellectual property law and franchising.  She has extensive experience in assisting clients with a range of commercial issues linked to these areas of specialty.

She has advised the Commonwealth of Australia on major commercial and procurement contracts and manages trade mark and intellectual property portfolios for a number of clients nationally and internationally across a broad range of industries and assists other clients with prosecution and infringement matters.  Clients she has acted for include Sensis, Toyota, BP, The Commonwealth of Australia, Philmac, Schweppes, Johnny Rockets, GLI International, Mahercorp, Dunlop Flooring, Penley Estate, Kirrihill Wines, Kangaroo Island Futures Authority, Oakwood, Herjavec Group, Broadsheet Media, T Bar, Tutor Bright, ratemyagent, Carways, Helping Hand Aged Care, Pokéme, Ziggy’s, Apex Advertising, Magellan Travel Group, Ulithorne, Silk Laser Clinics, Mathnasium, Smartpath, Loc8, Lambrook, Beaumont Tiles, Mettrum Ltd and The Wolf Gang.

Fiona assisted Philmac to obtain the first colour trade mark registration in Australia.  She also assisted the Kangaroo Island Futures Authority establish the regional branding for Kangaroo Island.

Fiona advises on all aspects of Australian trade mark law including searches, applications, registrations, prosecutions, licensing and distribution, enforcement and litigation.  She is genuinely interested in familiarising herself with her client’s businesses and helping them to achieve desired commercial outcomes.

She also has expertise in commercial transactions, licensing and distribution.

Fiona has immersed herself in wine law, and until recently had an interest in a viticulture consultancy and two highly regarded South Australian vineyards.  Fiona acts for a number of franchise systems and has been recognised by the Franchise Council of Australia as its 2009 SA Franchise Woman of the Year.

Fiona worked previously as a partner in a large national firm where she was employed for some 13 years.  She holds a Bachelor of Laws (Honours) and a Bachelor of Commerce from Flinders University, has a Masters of Law (specialising in Intellectual Property) from the University of Melbourne and is a Registered Trade Marks Attorney.

 

Recognition

Fiona has been recognised in The Best Lawyers™ in Australia (2015-2018) for Franchise Law.

Latest News & Insights

Unconscionable conduct: ACCC cleans up franchisor


Posted By on 25/10/15 at 1:37 PM

The Federal Court has again reminded us that the law will step in to defend franchisees who have suffered at the hands of overzealous franchisors. The Court recently found that an experienced franchisor, South East Melbourne Cleaning (South East) engaged in unconscionable conduct in its dealings with franchisees and contravened section 21 of the Australian … Read more