Kellech Smith

Background

About Kellech Smith

I am an IP lawyer with a chemistry degree, and have 20+ years experience. My practice covers commercial & litigious IP law, food labelling/law, prosecution of TMs, oppositions, enforcement activity, & infringement/revocation proceedings before the IP offices, and Federal & High Courts, including patent litigation, advising on consumer protection law, marketing clearances, IP due diligence, licensing, IP/commercial agreements, collaboration/JV agreements, R&D agreements. I am a member of the Law Council of Australia IP Committee and the INTA Unreal Campaign Committee. I served on the executive of LESANZ and the ANZ IP Society for many years, was a member of the INTA Enforcement Committee for four years, and have a post-graduate Masters of IP Law. I am ranked in the Global Top 250 Women in IP (2020, 2023, 2024, 2025), in Chambers Asia-Pacific, as an IP Star for patents & trade marks, as a leading patent litigator in IAM Patent named in Best Lawyers for IP, life sciences & biotech. I am also lead AU author of book: Global Patent Litigation: How and Where to Win. I also advise on the regulation of pharmaceuticals, medical devices, food & beverages and associated products, and look after some of the world's best known brands incl Fila, Choice Hotels, Toll, BP, Schick and Dunlop, and work with clients across FMCG, life sciences, mining and oil & gas. Recent matters:* Acting for a large home builder in a successful infringement claim - competitor using the same brand (trade marks, consumer law, indemnity costs)* Acting for a defendant in a patent dispute - sensor parking systems (indemnity costs)* Acting for a generic pharma company seeking to revoke patents over products - eg, used to treat pain, allergies, CMV infections, erectile dysfunction, cardiovascular disease/clotting * Acting in regulatory disputes concerning pharma product approvals/ facility inspections * Advising clients in the research, resources and energy sectors on R&D arrangements, collaborations (including pilot plant developments), technology licensing (including IP indemnities & warranties) & protection strategies for new technology * Acting in several successful claims of copyright infringement concerning construction plans * Acting in contentious trade mark oppositions, design infringement cases * Acting for the claimant in the first claim for compensation on an undertaking as to damages in patent litigation in Australia *Acting for a medical device manufacturer defending patent infringement claims for a wound healing device (patent invalid, not infringed)