Timothy Webb
Clayton Utz
Partner
Sydney
Tim was impressive on all fronts - most importantly, he understood our commercial objectives and ensured the legal strategy achieved exactly what we wanted.
– Chambers Asia-Pacific
Overview
An "expert litigator" (Legal 500) helping clients resolve disputes. He explores clients' legal and non-legal drivers, then develops and implements strategies to achieve those objectives. He also has an extensive advisory practice. Tim's special interest is intellectual property, assisting clients in both contentious and non-contentious matters.
Tim has won landmark Australian cases in trade marks, copyright and designs, and regularly acts for clients in the Copyright Tribunal of Australia. He also has a strong international arbitration practice and is a Fellow of the Chartered Institute of Arbitrators.
Tim is the joint head of the firm's Trade Mark and Brand Protection Group which is responsible for matters relating to the registration of trade marks including mark selection, applications, renewals, oppositions and non-use applications.
Notable Work
- Acting for Apple in Copyright Tribunal proceedings concerning a licence scheme proposed by APRA AMCOS for the reproduction and communication of musical/literary works by the subscription video on demand (SVOD) industry. Achieved Apple's preferred licence terms.
- Acting for Optus in numerous successful matters including High Court proceedings in which Telstra challenged the constitutional validity of parts of the telecommunications access regime, multiple commercial disputes in the Supreme Court of NSW, and the first Federal Court proceedings under s 115A of the Copyright Act in which rights holders sought injunctions requiring ISPs to disable access to online locations. Also acting for Optus' parent company, Singtel, in connection with the September 2022 cyber-attack on Optus (arguably the most significant in Australian corporate history).
- Acting for the Seven Network on its media rights agreements including negotiation of the 2025 to 2031 AFL agreement (the largest sport rights deal in Australian history) and the 2024-25 to 2030-31 Cricket Australia agreement. This follows a long line of work assisting Seven with acquiring sports rights, including deals with the International Olympic Committee, Commonwealth Games, Swimming Australia, Professional Golfers Association of Australia, V8 Supercars and Wimbledon.
- Acting for Isentia (largest media monitoring organisation in Australia) in Copyright Tribunal proceedings against Copyright Agency concerning a licence for the reproduction and communication of media articles. Isentia was successful both before the Tribunal and in the judicial review application to the Federal Court. Also acting for Isentia in Federal Court proceedings that will be the first case in Australia that directly considers the scope of the Crown use provisions in the Copyright Act (judgment reserved).
- Acting for The a2 Milk Company Limited (dairy company dual listed on the NZX and ASX) in various IP matters including four Federal Court appeals from decisions of the Trade Marks Office (each successful) and two Federal Court proceedings concerning trade mark infringement and rectification issues (ongoing).
- Acting for numerous Federal Government departments and agencies in relation to both disputes and IP issues. These include acting for the Department of Defence in Federal Court proceedings concerning the designs for the Collins Class submarines and ACT Supreme Court proceedings relating the submarines' construction, and advising the Department of Education, Skills and Employment on the creation of the Higher Education Research Commercialisation IP Framework.
- Acting for Free TV Australia (peak industry body representing commercial television broadcasters) in Copyright Tribunal proceedings concerning an industry licence from PPCA for the transmission of commercial sound recordings on broadcast television and BVOD services. The proceedings are ongoing.
- Acting for the NRL (operator of the world’s premier Rugby League competition) in respect of various IP issues including trade mark, copyright and licensing matters.
- Acting for Hellenic Broadcasting Corporation (state-owned public radio and television broadcaster of Greece) in Federal Court proceedings alleging copyright infringement by an unauthorised broadcaster.
- Acting for a client in an international arbitration under the Swiss arbitral rules defending copyright infringement claims in respect of a major property development with the claimant seeking damages of $100 million. Successfully argued that the Arbitral Tribunal lacked jurisdiction and our client was awarded its costs of the proceedings.
Insights
Top of the menu: ACMA puts free-to-air in the spotlight with new TV prominence framework
4 Oct 2024 | Article
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Media Release: Clayton Utz advising Nippon Steel Corporation on its acquisition of a stake in the Blackwater Mine
29 Aug 2024 | Media Release
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Landmark case on Crown use of copyright material and media monitoring opens door to wider use by Government
2 May 2024 | Article
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Media Release: In test of Copyright Act, Clayton Utz client Isentia sees Federal Court win
17 Apr 2024 | Media Release
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Canadian Court gives thumbs up to emoji in contract case – would an Australian court?
27 Jul 2023 | Article
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Reputation and consumer confusion in trade mark infringement proceedings: the High Court weighs in
16 Mar 2023 | Article
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Considering Copyright: the Attorney-General’s Department’s review of copyright enforcement issues
22 Dec 2022 | Article
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Copyright licensing 02: the Copyright Tribunal’s powers to grant licence terms, and its effect on your licence strategy
30 Nov 2022 | Article
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Brokering for broadcast rights: Australian Government’s review of the anti-siphoning scheme
26 Oct 2022 | Article
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Media Release: Clayton Utz congratulates Seven West Media on landmark AFL media rights deal
7 Sep 2022 | Media Release
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A proposed legislative regime for Indigenous Cultural and Intellectual Property rights protection
4 Aug 2022 | Article
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Copyright and common sense: draft Copyright Act reforms to keep up with an increasingly digital age
17 Feb 2022 | Article
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Federal Court resolves "legitimate uncertainty" in uncontested trade mark appeals
3 Feb 2022 | Article
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Media Release: Clayton Utz a winner at 2021 ACOMM Awards for services to telecommunications industry
22 Nov 2021 | Media Release
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Orders Without Borders: Australia's new law allows authorities access to data from communications service providers
2 Sep 2021 | Article
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"Contemptuous" infringers gonna cop it: Palmer copyright infringement leads to $1 million in additional damages
13 May 2021 | Article
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Is your organisation moving fast to respond to COVID-19 from a privacy law perspective?
16 Apr 2020 | Article
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Media Release: Clayton Utz has a hand in successful makeover of Napoleon Perdis Cosmetics
15 May 2019 | Media Release
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What's copyright worth? ACCC's final Copyright Guidelines assist in valuing creative content
18 Apr 2019 | Article
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Media Release: Legal industry peers rate Clayton Utz highly in the latest Best Lawyers Australia list
29 Mar 2019 | Media Release
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Is your threat of IP infringement proceedings unjustified? New additional damages now available
7 Mar 2019 | Article
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Have you infringed copyright? Spotlight on what you need to prove if you're an innocent infringer
7 Feb 2019 | Article
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Want to value your copyright? ACCC releases draft Copyright Guidelines for public consultation
8 Nov 2018 | Article
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Online search engines to be brought into Australia's battle with online piracy
25 Oct 2018 | Article
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New interception and access powers to encrypted communications and devices to affect carriers and device manufacturers
14 Aug 2018 | Article
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Directors' authorisation of design infringement: lessons from the bottom of a fruit container
7 Jun 2018 | Article
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Consultation open on joining the Hague Agreement for the International Registration of Industrial Designs
10 May 2018 | Article
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The vexed issue of Australian copyright law reform: Government undertakes further consultation
29 Mar 2018 | Article
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Mandatory data breach notification starts today ‒ are you ready?
22 Feb 2018 | Article
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A crash course on Australia's cyber security landscape before mandatory data breach notification begins
7 Dec 2017 | Article
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Want [yourbrand.au]? auDA consultation regarding competing claims to register .au domain names
26 Oct 2017 | Article
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Federal Government releases new section 313(3) Guidelines for the lawful disruption of online services
31 Aug 2017 | Article
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Federal Government responds to Productivity Commission Inquiry into Intellectual Property Arrangements
31 Aug 2017 | Article
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Coders beware: it's a question of quality not quantity when assessing copyright infringement
30 Mar 2017 | Article
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Digital healthcare ‒ addressing cyber security risks for medical devices in the digital age
16 Mar 2017 | Article
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Court awards $34,822 for copyright infringement ‒ and $400,000 for bad behaviour
2 Feb 2017 | Article
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New Expert Witness Code of Conduct for proceedings in NSW courts – are you complying?
2 Feb 2017 | Article
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High Court rules on inadvertent disclosure of privileged material in discovery
21 Nov 2013 | Article
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