Shehana Wijesena

As Counsel in our Intellectual Property Group in Sydney, I advise our clients on all aspects of IP strategies, protection, exploitation and enforcement.

I enjoy assisting clients with developing, protecting and enforcing their valuable IP rights. The key sectors of interest for me are life sciences, education and retail and consumer industries. All three present an abundance of differing IP issues from development, to commercialisation to enforcement. I find true satisfaction in helping clients reach commercial conclusions to their IP disputes and to me this is one of the key service offerings we can provide our clients.

I really enjoying going on the IP rights 'life cycle' journey with a client. Assisting a client in its early stages in Australia and seeing it through its launch, growth and consolidation (and in some instances, acquisition) is one of the great joys of being an IP lawyer. At all stages in this process, IP rights are highly valuable assets that often form the backbone of a company and being a trusted advisor in this process is very rewarding.

I have a particular passion for brand and design management and commercialisation. The true power of trademarks, their associated reputation, and the importance of the shape and design of product really comes into focus when you travel. You may not be able to speak the local language fluently but clearly defined and evocative brands and designs can assist consumers in making informed, secure choices. As an IP rights owner, this is extremely valuable and I particularly enjoy assisting clients in building and managing their global trade mark and designs portfolios and commercialising and enforcing those rights. I have also become increasingly involved in helping clients protect their IP rights in the online world and have significant experience in domain name disputes.

At Bird & Bird, I have been fortunate to travel globally and connect with colleagues and clients in a number of countries. That has enabled me to build a practice working for clients operating not only in Australia and New Zealand but also in Europe, the USA and across Asia.

• Acting in quantification of damages proceedings in the Federal Court for a generic pharmaceutical company and a supplier company that were both restrained from launching and supplying products in Australia.
• Acting in proceedings involving claims of contravention of the Australian Consumer Law and passing off related to FMCG.
• Acting in patent infringement proceedings in the Federal Court relating to electronic gaming technology.
• Acting in design infringement proceedings in the Federal Court in relation to infringement of a design for a fencing profile.
• Acting in trade mark removal proceedings through to an appeal to the High Court for a supplier and retailer of natural health care products.

• Generic Health v Wyeth & Anor NSD 1124 of 2009
• Otsuka & Anor v Generic Health NSD 121 of 2012
• eos Products LLC v Australian Pharmaceutical Industries Ltd