Jonathan Kelp
Partner, Melbourne
I advise businesses across all sectors, large and small, on cutting edge intellectual property (IP) and technology issues, as well as regulatory matters for life sciences clients.

I regularly assist clients in navigating the regulatory landscape for medicines and medical devices, including advising on, and acting in, disputes regarding PBS reimbursement and compliance with the Therapeutic Goods Act 1989 (Cth).

As a litigator, I have acted on many major IP disputes in the Federal Court and High Court, including some of the country’s biggest pharmaceutical patent cases, and ground-breaking copyright and trade mark matters.

Another key focus of my practice is IT disputes, reflecting the passion I have for technology and innovation. The majority of those disputes end up being resolved in mediation.

Career highlights

  • Successfully acted for Hospira / Pfizer in Australia's first litigated regulatory dispute regarding biosimilars, which was litigated in the Administrative Appeals Tribunal.
  • Advised a number of pharmaceutical, biotech and medical devices clients on regulatory issues and disputes.
  • Worked on interlocutory injunction applications and substantive patent infringement and invalidity litigation, including the Actavis Group’s successful application to have AstraZeneca’s patents for blockbuster cholesterol drug rosuvastatin (Crestor) declared invalid (and successful defence of AstraZeneca's infringement allegations), which was ultimately decided by the High Court.
  • Acted in a number of trade mark, misleading and deceptive conduct, and passing off cases, including successfully defending Sweet Rewards against trade mark infringement claims pursued by Mars Australia in the Federal Court (an on appeal to the Full Court).
  • Advised on more than 20 IT contract disputes arising from technology outsourcing, systems implementations and software licensing, acting for both customers and suppliers.
  • Acted for copyright owners, and alleged infringers, on copyright disputes regarding source code, songs, photographs, building plans, databases, training materials, computer programs, video clips of sporting highlights, and technical documents submitted to regulatory authorities.
  • Advised on breach of confidence disputes arising from ex-employees working for competitors, or companies misusing information obtained in the course of exploring potential commercial collaborations.