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Shyama Jayaswal
Partner, Lawyer and Patent Attorney, Melbourne
I offer clients a perspective that is rare in Australia, being both a practising lawyer and patent attorney. As a registered Trans-Tasman patent attorney with honours degrees in organic chemistry and law, I approach litigious or commercial matters with an understanding of technology and the issues that arise when protecting it, and vice versa when advising on patent, design and trade mark registration strategies.

As a registered Trans-Tasman patent attorney with honours degrees in organic chemistry and law, I approach litigious or commercial matters with an understanding of technology and the issues that arise when protecting it, and vice versa when advising on patent, design and trade mark registration strategies.

My chemistry degree helps me advise clients in the pharmaceutical and coating industries on patent matters, but I also counsel litigation clients across the mining, medical device, agrochemical and telecommunications industries.

I also assist clients with their trade mark portfolios, both advising on choice of brands, searching, registration and resolving disputes.

Career highlights

  • Pfizer – successfully represented the pharmaceutical company in an action against InterPharma (including obtaining both an interim injunction and an interlocutory injunction) which defended an application to revoke the patent and established that InterPharma threatened infringement. Pfizer was successful on all grounds and received costs from InterPharma
  • B Braun – representing the medical device company in its defence of patent infringement allegations by RAU-BE Beteiligungen GmbH and Lohmann & Rauscher Pty Ltd in relation to a patent for a wound debridement pad, and in seeking revocation of the patent
  • Mylan – represented the pharmaceutical company in a patent infringement action against Apotex concerning DYMISTA (a drug used for allergies) which settled before trial, after both an interim and an interlocutory injunction were successfully ordered at the commencement of the litigation 
  • Mylan – represented the pharmaceutical company in an action against Sun Pharmaceutical Industries Limited (including obtaining an interlocutory injunction) to prevent it launching a competitor to Mylan’s largest product in Australia pending the decision at first instance
  • Advise clients in relation to their multinational patent protection strategies, including those within the agrochemical, coating, medical device, resources, nutraceutical and pharmaceutical industries. Clients include PPG Industries, Starbucks, Transitions Optical, ESCO, Stadia Turf and the Victorian Chemical Company
  • Work alongside global and domestic brands in relation to trade mark protection and brand strategies, both offensively and defensively. Clients include H.A.G., which owns the Maxwell & Williams brand, and United Pacific Industries, which owns the Thermoskin brand

Awards & recognition

  • Leading individual, Patents: Litigation (Australia) – IAM1000, The World's Leading Patent Professionals: 2024, 2021, 2020, 2019, 2018
  • Shyama Jayaswal is regarded as 'a delight to work with and is highly recommended for her insightful and timely advice' - IAM1000, The World's Leading Patent Professionals
  • Recommended individual, Leading Contentious Intellectual Property Lawyers (Victoria) – Doyle's Guide: 2018

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