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Jon Gottschall

QUALIFICATIONS  Bsc(Hons); M.App.Sc; LLB
ADMITTED  1998    BAR  2008

PHONE  9225 8412
MOBILE  0419 292 471
EMAIL  gottschall@vicbar.com.au

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Jon Gottschall, Bsc(Hons); M.App.Sc; LLB

AREAS OF PRACTICE

  • Magistrates Court
  • Administrative Law
  • Building and Construction
  • Commercial Law
  • Computers / IT
  • Contract
  • Copyright
  • Coronial Inquests
  • Defamation
  • Employment / Industrial
  • Franchising
  • Intellectual Property
  • Media
  • Patent
  • Personal Injuries
  • Probate / Wills / Part IV
  • Product Liability
  • Torts (Other Than PI)
  • Trade Practices
  • Traffic Offences

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Experience

Jon has a commercial practice including intellectual property, competition and consumer protection law, marketing and regulatory compliance.

Jon's has a substantial background in disputes involving technical issues and expert evidence. His practice includes building and construction and related fields of expertise. More broadly, the enforcement of commercial arrangements increasingly involves questions concerning the performance or technical characteristics of goods or services, whether they be genuine points of contention or claims raised as an obstacle to the enforcement of contracts. Jon's strengths in this area enable him to isolate less deserving claims and to assist with effective expert material where claims genuinely arise. Jon commonly acts for insurers in such claims.

Jon's practice also includes disputes involving compliance issues, whether these arise between competitors or with regulators. Jon has worked on disputes concerning compliance with consumer protection law, foods, veterinary and agricultural products, therapeutic goods, FMCGs and more generally in matters concerning advertising and pack labelling.

The technical and scientific fields in which Jon operates are listed below.

Jon has particular expertise in intellectual property including patents, trademark and related branding rights, copyright, design and confidential information. Jon practices in patent enforcement and revocation and enforcement actions in relation to copyright, trademark and related branding rights. He practices extensively in opposition proceedings in relation to patents and trademark applications, oppositions to amendments and non-use applications. He also practices in the areas of intellectual property licensing, commercialisation and franchising, both in the context of disputes and providing strategic advice for business development.

He has advised clients in relation to trade practices issues, including, advertising, advertising disputes and scientific testing in relation to validating and challenging product claims. He has advised clients in relation to product development, packaging and labeling and in relation to nutritional and therapeutic claims.

Before joining the Bar, Jon was a Senior Associate in the Intellectual Property and Litigation department of Allens Arthur Robinson. His non-law training is mostly in the medical and life sciences but he has studied engineering and can deal with most areas of engineering and technology at a high level. Since joining the bar, Jon has had a substantial engagement with a pharmaceutical client advising on patent and regulatory issues for early launch of generic products.

Jon's practice includes the following areas:

  • Building and construction
  • Misleading conduct in commercial arrangements and marketing
  • Consultancy, R&D, technology transfer
  • Product safety/compliance
  • Public liability
  • Product claims
  • Debt and mortgages
  • Administrative review
  • Retail tenancy
  • Retirement accommodation

Jon works with technical issues including the following scientific and engineering fields:

  • Biotechnology
  • Molecular biology/genetics
  • Pharmaceuticals
  • Toxicology
  • Immunology/vaccines
  • Microbiology
  • Nutrition/foods
  • Chemistry
  • Chemical engineering/industrial chemistry
  • Electronics
  • IT/systems
  • Mineral processing/metallurgy
  • Mechanical engineering
  • Civil engineering
  • Agricultural products
  • Veterinary products
  • Therapeutic goods
  • Medical technology
  • FMCGs cleaning; hygiene; functional products
  • Safety products
  • Solar technology
  • Product testing and claim validation
  • Forensic experiments