Rebecca Smith

Special Counsel
Sydney

Biography

Rebecca is a special counsel in our Intellectual Property group.

She works with Australian and international clients across a range of IP-intensive industries - including media and entertainment, luxury goods, consumer products and emerging technologies - to protect, commercialise and enforce their valuable intellectual property and resolve related disputes.

Rebecca helps clients structure and negotiate IP agreements and transactions, including IP licences and collaborations for the development and commercialisation of new technology.

She also advises on brand protection strategies and leads innovative enforcement campaigns to combat counterfeit and lookalike products in the Australian market.

Rebecca has significant litigation experience, having acted in high-profile IP and contract disputes at both trial and appellate levels across all major Australian courts, including the High Court, as well as in international arbitration.

Her unique mix of experience sees her regularly advising on how developments in technology, such as AI and blockchain interact with IP rights, helping clients manage risk and unlock commercial opportunities. She also has particular expertise in cross-border matters, drawing on her experience in managing multi-jurisdictional issues and coordinating global legal teams.

Reflecting her depth of expertise in copyright law, Rebecca is a member of the Management Committee of the Copyright Society of Australia. She also co-developed and co-teaches the UNSW postgraduate law course “Intellectual Property & Tech Commercialisation: Strategic Management of the Lifecycle of Innovation” (since 2019).

Rebecca trained at a Magic Circle firm in London, where she spent time on secondment at a major global computer entertainment company and in Paris. She has a Bachelor of Laws (First Class Hons) and Bachelor of Arts from the University of Sydney.

Experience

Rebecca’s experience includes advising:

  • Australian beauty company Self Care Corporation in its successful appeals to the High Court in a trade mark and Australian Consumer Law dispute with the maker of Botox (Allergan) (2022/23). This was the first trade mark case in the HCA since 2014.

  • UNSW on multiple priority IP commercialisation matters, including joint ventures to leverage its quantum computing expertise (Diraq and Silicon Quantum Computing) and on the establishment of the National Centre for Excellence in Intellectual Disability Health.

  • Several leading European luxury houses on market investigations in Australia and enforcement strategies to deal with high quality lookalike products, including Federal Court litigation.

  • Bell Shakespeare, Opera Australia and Bangarra Dance Theatre on key commercial agreements and the State Library of NSW on publication-related agreements.

  • Tivan Limited on a long-term partnership with CSIRO, including a patent licence agreement with CSIRO to facilitate development and commercialisation of the minerals processing technology TIVAN+.

  • Adam Goodes and Dr Baden Pailthorpe in relation to artworks involving Adam’s AFL player data and ICIP rights, including associated collaborations with third parties.

  • Self Care in major anti-counterfeiting actions brought against numerous companies and individuals concerning counterfeit eye cream and breach of distribution arrangements for cosmetics.

  • iNova Pharmaceuticals on anti-counterfeiting litigation regarding its Dermatix scar gel cream, resulting in negotiated settlements, judgments and substantial compensation from non-participants.

  • Universal Music Australia on IP and licensing issues and a major joint venture dispute involving contract, corporate governance, copyright, royalty and distribution fee matters.

  • Phonographic Performance Company of Australia (PPCA), the record industry’s collecting society, on IPTV licensing issues and Copyright Tribunal proceedings.

Awards

  • Doyle’s Guide 2023

    Intellectual Property & TMT Law ‘Rising Star’

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