Bruce

Caine QC

Bruce has specialised in intellectual property law for over 35 years. His central areas of expertise include patents, trade marks, copyright, confidential information, design law, circuit layouts and plant breeder’s rights, consumer protection and other commercial/equity matters. Bruce frequently appears for and advises major international clients drawn from the pharmaceutical, telecommunications and mining industries. He has appeared in some of Australia’s leading intellectual property cases. He has extensive experience in both trial and appellate work. He appears chiefly in the Federal Court. He also appears in the Supreme Court of Victoria, the Supreme Court of New South Wales, South Australia and Queensland as well as the High Court.

Bruce also appears before IP Australia in relation to patent and trade mark matters. He also conducts and appears at mediations.

Landline Phone
03 9225 7189
Mobile Phone
0438 515 545
Address
Level 18 Room 1, Emmerson Chambers
200 Queen Street
Melbourne VIC 3000
Email
cainesec@vicbar.com.au

Background and Experience 

Bruce has specialised in intellectual property law for over 35 years.  His central areas of expertise include patents, trade marks, copyright, confidential information, consumer protection and other commercial/equity matters.  

Bruce frequently appears for and advises major international clients drawn from the pharmaceutical, telecommunications and mining industries.  He has appeared in some of Australia’s leading intellectual property cases.  

He has extensive experience in both trial and appellate work.  He appears chiefly in the Federal Court.  He also appears in the Supreme Courts of Victoria, New South Wales, South Australia, Western Australia and Queensland as well as the High Court of Australia.  

Bruce also appears before IP Australia in relation to patent and trade mark matters.  He also conducts and appears at mediations. 

Bruce was admitted to practice in 1982.  Before coming to the Bar in 1985, he spent two years as the Associate to the Honourable Justice King who was the judge in charge of the Industrial Property List in the Supreme Court of Victoria.  On coming to the Bar, Bruce read in the Chambers of Dr John Emmerson QC, one of Australia’s pre-eminent IP barristers.

Appointment as Queens Counsel or Senior Counsel 

Bruce was appointed as a silk in 2002.  

Bruce is listed in both Doyle's Guide to Leading Victorian Intellectual Property Barristers (2021) and Doyle’s Guide to Leading Australian Intellectual Property Barristers (2021), as a pre-eminent senior counsel.

Bruce is listed in Chambers Intellectual Property: The Bar (2020) as a Band 1 practitioner.  His review reads:

“Bruce Caine QC "absolutely deserves" his "very strong reputation" as one of Australia's leading IP barristers. Sources particularly emphasise his ability to "get across a lot of detail" and then present it in an easily digestible form, an attribute that makes him a particularly sought-after choice for trial work. He operates across the full IP spectrum, handling copyright and trade mark mandates in addition to the patent work for which he is especially well known.”

Bruce is also listed in the Legal 500 Asia-Pacific (2020) as a Leading Silk.  His review reads:

Outstanding senior IP barrister across patents, trade marks and copyright.”

Selection of More Recent Cases

Patents

Mylan Health Pty Ltd v Sun Pharma ANZ Pty Ltd (at trial and on appeal to the Full Federal Court; Special Leave to the High Court refused) (2019)138 IPR 402; (2020) 153 IPR 199; [2020] HCASL 234

Commonwealth Scientific and Industrial Research Organisation v BASF Plant Science GmbH (2020) 151 IPR 181

BlueScope Steel Ltd v Dongkuk Steel Mill Co, Ltd (No 2) (2019) 152 IPR 195

Dyno Nobel Inc v Orica Explosives Technology Pty Ltd (No 2) (2019) 148 IPR 442

Pfizer Ireland Pharmaceuticals v Samsung Bioepis AU Pty Ltd (No 2) [2019] FCA 657 (ongoing)

SNF (Australia) Pty Ltd v BASF Australia Ltd (at trial and on appeal to the Full Federal Court) (2018) 136 IPR 478; (2019) 140 IPR 276

Sanofi-Aventis Deutschland GmbH v Alphapharm Pty Ltd (2018) 135 IPR 396

Apotex Pty Ltd v ICOS Corp (No 3) (2018) 135 IPR 13 (Amendment of the patent)

F Hoffman-La Roche AG v Sandoz Pty Ltd (2018) 134 IPR 172

ESCO Corp v Ronneby Road Pty Ltd (2018) 131 IPR 1 (on appeal to the Full Federal Court)

Damorgold Pty Ltd v Blindware Pty Ltd (2017) 130 IPR 1

Sandvik Intellectual Property AB v Quarry Mining & Construction Equipment Pty Ltd (at trial and on appeal to the Full Federal Court) (2016) 118 IPR 421; (2017) 126 IPR 427

Product Management Group Pty Ltd v Blue Gentian LLC (on appeal to the Full Federal Court; Special Leave to the High Court refused) (2015) 116 IPR 54

Trade Marks/Consumer Protection

Australian Meat Group Pty Ltd v JBS Australia Pty Ltd (on appeal; special leave to the High Court refused) [2018] FCAFC 207; HCATrans 105 (17 May 2019)

AFT Pharmaceuticals (AU) Pty Ltd v Reckitt Benckiser (Australia) Pty Ltd (No 3) [2020] FCA 1352

Rodney Jane Racing Pty Ltd v Monster Energy Company (2019) 142 IPR 275

Lumen Australia Pty Ltd v Frontline Australasia Pty Ltd (2018) 137 IPR 189 (also included an action under the Circuit Layouts Act 1989 (Cth))

Mars Australia Pty Ltd v Sweet Rewards Pty Ltd (2009) 81 IPR 354 

Playcorp Group of Companies Pty Ltd v Peter Bodum A/S (at trial and on appeal to the Full Federal Court) (2010) 84 IPR 542; (2011) 92 IPR 222

Dr Martens Australia Pty Ltd v Figgins Holdings Pty Ltd (1999) 44 IPR 281

Shape Shopfitters Pty Ltd v Shape Australia Pty Ltd (No 3) (2017) 124 IPR 435

Copyright

State of Escape Accessories Pty Ltd v Schwartz (at trial and on appeal to the Full Federal Court which is pending) (2020) 156 IPR 199 (copyright in a work of artistic craftsmanship)

Pokemon Company International, Inc v Redbubble Ltd (2017) 129 IPR 1 (copyright and consumer protection)

Barrett Property Group Pty Ltd v Dennis Family Homes Pty Ltd (2011) 91 IPR 1 (copyright in builder’s plans)

Commercial/IP

Kraft Foods Group Brands LLC v Bega Cheese Ltd (on appeal; Special Leave to the High Court refused) (2020) 151 IPR 369

*Liability limited by a scheme approved under Professional Standards legislation

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