Kellech Smith
Kellech Smith

Kellech Smith

Partner

Melbourne

+61 3 9679 3864 | +61 448 069 767
kellech.smith@ashurstperkins.com

Introduction

Kellech is a highly respected Australian practitioner in the field of intellectual property law, with over 20 years’ experience.

In addition to her undergraduate law qualifications, Kellech Smith has a Masters of IP Law, as well as a degree in science with a major in chemistry. She holds committee positions with the International Trademark Association, the Law Council of Australia IP Sub-Committee, and is a registered trade marks attorney.

Kellech is ranked in Chambers Asia Pacific, Legal 500, IAM Patent 1000, WTM 1000, IP Stars and Best Lawyers for her experience, as well as being included in the Managing IP global list of the Top 250 Women in IP four times (2020, 2023-2025). In 2023, she also received the Australian Law Firm IP Practitioner of the Year award at the Managing IP Asia-Pacific Awards, and she has been recognized by Best Lawyers as Lawyer of the Year in each of Life Sciences (2024) and Biotechnology (2026). Kellech is also lead Australian chapter author for the text "Global Patent Litigation: How and Where to Win" (6th edition underway).

Kellech's practice incorporates contentious and non-contentious IP law, including opposition, infringement and revocation proceedings before the Federal, Full Federal and High Courts of Australia and she also has comprehensive experience in general commercial litigation.

She advises on the infringement and validity of patents, trademarks and registered designs; copyright infringement; consumer protection trade practices issues; marketing and advertising; intellectual property due diligence; trade mark prosecution and oppositions. Kellech also advises on a wide variety of corporate transactions including the drafting and review of licenses, assignments, collaboration agreements, technology agreements, IP rights options, joint venture agreements and distribution agreements and advises in broader commercial transactions involving the sale, acquisition and restructuring of IP rights and regulated product portfolios.

She also advises on the regulation of food, beverages, pharmaceuticals, medical devices, tobacco and vaping products, and acts in disputes with regulators. Her industry experience covers life sciences, energy & resources, oil & gas, manufacturing and consumer goods.

  • Pharmaceuticals | Lead Partner | Ongoing | Acting in patent revocation, validity and infringement proceedings, including interlocutory injunctions, in respect of compound and method of treatment patents including those for clopidogrel (PLAVIX), pregabalin (LYRICA), valganciclovir (VALCYTE), sildenafil (VIAGRA, REVATIO), azelastine/fluticasone (DYMISTA), safinamide (XADAGO) and paliperidone LAI (INVEGA); providing freedom to operate and patent validity advices; advising on marketing issues in respect of pharmaceutical products; advising on and negotiating patent licensing, supply and distribution arrangements; acting in the first Australian inquiry into damages payable in patent proceedings on the cross undertaking as to damages given to secure an interlocutory injunction (clopidogrel); acting in a regulatory (approval) dispute against the TGA in the Commonwealth AAT (enoxaparin).
  • Electronics | Lead Partner | Ongoing | Acting in patent revocation, validity and infringement proceedings in respect of consumer jump starter products and in-ground sensor systems to detect parking overstay infringements.
  • A national oil company | Lead IP Partner | Ongoing | Working with our UAE team on strategic technology licensing and transaction structuring (including third party IP due diligence) for major projects and acquisitions, including for the formation of JVs.
  • Petrochemical Industries Company (Kuwait Oil) | Lead IP Partner | Advising on technology licensing issues (including due diligence) and negotiating technology warranties for its JV investment in Korean chemical producer SKC Co: JV enterprise value USD1,195 million.
  • Major producer of LNG | Lead IP Partner | Advising on IP issues and negotiating technology licenses associated with arrangements for the design, engineering, construction, operation and acquisition of energy production facilities (including in pFEED, FEED and EPC contracts)
  • University sector | Lead Partner | Advising multiple university research teams on R&D collaborations in respect of pharmaceuticals, including on a very significant investment in a founder led spin out company by one of the world's largest pharmaceutical companies.
  • Confidential | Lead IP Partner | Advising an Indian manufacturer of pharmaceuticals on the sale of facilities in the Middle East including documenting technology transfer and licensing arrangements with the purchaser governing the registration and sale of products in the Middle East after completion.
  • Global oil & gas company | Lead Partner | Ongoing | Defending Federal Court proceedings involving claims of passing off, consumer law breaches and trade mark infringement in relation to a chain of convenience stores; managing Australian trade mark portfolio and acting in opposition and enforcement matters.
  • Henley Arch | Lead Partner | Ongoing | Acting for this long term major home builder client in trade mark infringement and misleading and deceptive conduct proceedings; and a number of disputes concerning infringement of copyright in its construction plans; managing trade mark portfolio.
  • Global logistics company | Lead Partner | Ongoing | Assisting with confidential disputes concerning clone copies of its master website, disputes over the licensing of font software for marketing materials and the protection of its brand globally; advising on all IP issues including transitional licensing of the brand as part of a major corporate transaction involving the sale of a key division; global trade mark prosecution and portfolio management.

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