East coast law firm Herbert Geer is not afraid of a challenge. Named one of Australia’s fastest growing law firms in 2008 by the Australian newspaper and Australasian Legal Business magazine, Herbert Geer has built a strong practice in intellectual property (IP), telecommunications, technology, media and entertainment law by supporting clients at the cutting edge of business and technology.
Herbert Geer Partner and head of the firm’s IP, telecommunications, technology, media and entertainment group Graeme Hodgkinson said the firm works with clients to develop innovative solutions to commercial and legal problems.
“We’re particularly adept at helping clients to charter new territory, whether that is in the legal arena or commercially,” he said. “A key part of that is making sure our clients are positioned to take advantage of new opportunities in the marketplace.”
“We have developed a team of specialist lawyers perfectly suited to meeting the needs of clients in innovative technology spaces. This is born out by the exciting work and results we achieve for our clients.”
Leading the way in telecommunications
In 2008, Herbert Geer’s telecommunications team, led by Partner Graham Phillips, successfully challenged telecommunications giant Telstra in access and rollout disputes before the Australian Competition and Consumer Commission (ACCC) and the Australian Competition Tribunal.
Their work resulted in a landmark 72% price reduction on Telstra’s contract prices backdated to 2004 and overturned a decision by the ACCC to scale back regulation requiring Telstra to allow competitors access to its phone network. Crucially, it is helping competitors such as AAPT, Primus, iiNet, Internode and Macquarie Telecom to obtain reasonable charges and terms of access to declared services owned by Telstra. It has also earned the team an ACOMMS Services to Industry Award – Professional Services Excellence.
“These competition law wins provide our clients with wholesale access at fair prices to the key infrastructure necessary to deliver broadband and telephony products,” said Graham.
“They have also enabled our clients to lead the way in delivering high speed broadband and innovative products. For example, Internode was the first Australian internet service provider (ISP) to deliver high-speed ADSL2+ services and continues to pioneer the development of the internet by launching new products with higher upload and download speeds than traditional ADSL services. iiNet was the first national provider of Naked DSL, which delivers broadband without the need for a landline phone which means consumers can say goodbye to phone line rental bills.”
Spurred on by its success in the telecommunications arena, Herbert Geer is now also representing iiNet in its fight against the Australian Federation Against Copyright Theft (AFACT). The litigation, brought by many of Hollywood’s large film companies, is alleging that iiNet authorised customers to download films from the internet in breach of copyright laws.
The case is the first Australian test of whether ISPs who merely provide infrastructure and facilities can be found liable for film piracy alleged against its customers. “It is like suing Australia Post for carrying parcels,” said Graham. “iiNet is just delivering parcels of data.”
iiNet is leading the push to make legal content available for download from the internet in association with rights owners. Through its Freezone product, a large selection of high-quality legitimate content, such as music, films, sport and games can be downloaded legally without it counting towards download quota limits.
Moving to the digital environment
In the media and entertainment industry, Herbert Geer is advising television broadcasters as they work through commercial and legal challenges arising from the switch from analogue to digital television broadcasting.
Herbert Geer Partner Dan Brush works with Freeview Australia, an initiative launched in 2008 by all of Australia’s major free-to-air broadcasters to help drive take up of the digital television platform in Australia. Freeview’s charter is to establish the cross channel platform for digital media delivery of signal, initially through a proprietary Electronic Programming Guide (EPG). The consortium of broadcasters involved in Freeview includes the Seven Network, Nine Network, Network Ten, the ABC, SBS, Win Corporation, Prime Media, and Southern Cross Broadcasting.
Dan also advised SBS in relation to the upgrade of its play-out operating platform, which is expected to improve the experience of viewers of SBS who use digital, high definition and online services. He took a lead role in negotiating, drafting and advising a proposed outsourcing initiative for the play-out system as well as the broadcasters subsequent hardware, software and services purchase agreement.
Dan and his team also work with 3eep, a provider of social media services for sports coaches, players and administrators, and assisted with the launch of SportsPassion in August 2008. SportsPassion is a sports community social networking site with a range of online team management and collaboration tools.
“My team looks at emerging technology, which is often available overseas, and understands how it can offer opportunities to clients in a way that suits the Australian marketplace,” said Dan.
“For instance, we recently held a client seminar to discuss new 3G enabled applications that provide vendors and consumers with an unprecedented ability to physically track other people online. Our goal is to find a way for clients to embrace new technologies in a cost-effective way, which requires addressing any legal issues early.”
Protecting your intellectual property
According to Graeme Hodgkinson, ensuring your intellectual property is protected and managed appropriately is one area that shouldn’t be overlooked by any business, particularly those working at the cutting edge of their industries.
“We work closely with a range of clients who have businesses that are based on or driven by intellectual property or technology,” said Graeme. “Our aim is to maximise their protection and help them get the most out of their intellectual property as their business grows.”
The team provides specialised advice on the ownership and licensing of intellectual property, trade marks, domain names, copyright and confidentiality. They have experience drafting all types of intellectual property agreements and documents, and offer a comprehensive brand management service to ensure clients meet crucial filing, registration, and renewal deadlines and that portfolio information is readily available for business, taxation, valuation and asset reporting purposes.
“We encourage our clients to proactively manage their intellectual property,” said Graeme.
”We can provide advice on the availability of new brand names and registration before the launch and rollout of a new brand or product, and help them to ensure that their brand is not compromised by conflicting trade mark applications and registrations. This saves money and time in the long run.”
The group has launched an e-newsletter to keep clients up-to-date with the latest developments in intellectual property, telecommunications, technology, media and entertainment. Herbert Geer’s clients also have access to legal advice and expertise in other areas of law, including banking and finance, commercial dispute resolution, construction and infrastructure, corporate, employment and workplace relations, environment and sustainability, financial services, franchising, leasing, property, taxation and workplace services.
With 48 partners and more than 260 staff in Melbourne, Sydney and Brisbane, Herbert Geer has grown into a successful east coast law firm. To subscribe to our e-newsletters, email newsletter@herbertgeer.com.au or find out more about Herbert Geer at www.herbertgeer.com.au.
