V-CARD
PHONE
+852 2840 5084
FAX
+852 2219 0222
|
|
Gabriela
Kennedy
Partner, Hong Kong
gabriela.kennedy@hoganlovells.com
Gabriela Kennedy is a partner in the Intellectual Property, Media and Technology Group of Hogan Lovells in Hong Kong, practising intellectual property law, media, information technology and telecommunications law.
Gabriela has handled all aspects of intellectual property work including enforcement, licensing and registration work. She has handled a number of high profile cases including a copyright infringement claim that went to the Court of Appeal in 1997 and ground-breaking litigation in Hong Kong on behalf of Microsoft in relation to the sale of mod-chips that enable the circumvention of copyright protection measures in Xbox consoles. She has handled a number of digital piracy cases and has been involved in lobbying for changes to the Copyright Ordinance in Hong Kong. In 2007, Gabriela and her team handled company name hijacking cases in Hong Kong, devising a successful strategy to enforce court orders against company name hijackers. This strategy was then widely adopted by other legal practitioners in Hong Kong until a change in law a few years later.
Gabriela has advised extensively on data protection issues in Hong Kong, in particular in relation to large outsource projects, and business process outsourcing focusing on the cross-border transfer of data and regulatory compliance for various industry sectors. She has also handled a number of complaints filed with the Office of the Privacy Commissioner in Hong Kong for breaches of the data protection legislation and has advised on data protection issues on a pan-Asian basis in the context of mergers of multinational companies.
On the information technology side, Gabriela's particular expertise includes IT outsourcing, issues stemming from cloud-computing, smart card projects, the regulation of encryption technology, software licensing, as well as disputes regarding failed IT projects.
Gabriela has written over 180 articles on issues concerning intellectual property, information technology, ecommerce, telecommunications law for various publications, such as "IP Forum", "Business and Technology Information Quarterly", "China Business Review", "Copyright World", "Computer Law and Security Report", "International Financial Law Review", "eLaw Asia", "European Intellectual Property Review" and "IP Asia". She is the Asia Regional Editor for "Computer and Telecommunications Law Review"; and also sits on the editorial board of "Computer Law and Security Report" to which she contributes a regular Pacific Rim news column. She has contributed chapters to a number of books. She co-authored the Hong Kong Halsbury Copyright Law.
Gabriela Kennedy sits on the Legal and Anti-Piracy Committee of the Cable and Satellite Broadcasting Association of Asia ("CASBAA") and is also a member of the Council of Governor of this organisation. She is a Domain Name Panelist with the World Intellectual Property Organisation (WIPO) Arbitration and Mediation Centre, as well as with the Asian Domain Name Dispute Resolution Centre (ADNDRC). She is a member of the Asian Patent Attorneys Association's Emerging Rights Committee, as well as a member of a number of other professional associations including INTA, the HK Institute for Trade Mark Practitioners. She is currently co-chair of the board of directors of the Hong Kong International Literary Festival and a board member of ITechLaw and the International Women's Forum (IWF), Hong Kong chapter.
Gabriela is widely recognised as an outstanding practitioner and has been named over a number of years in legal directories including "Chambers Global", "Asia Pacific Legal 500" and "Asia Law & Practice" as a leading individual in Intellectual Property, Communications and TMT practices. Gabriela was voted External Counsel of the Year 2009 by Asia's in-house community of lawyers in the 2009 Representing Corporate Asia Survey conducted by Asian-Counsel Magazine. Most recently, she won the Best in TMT Award at the inaugural Euromoney Asia Women in Business Law Awards 2011.
She talks regularly at international conferences on information technology, e-commerce, telecommunications and intellectual property issues.
She speaks English, French, Spanish, Romanian, Italian and Portuguese.
REPRESENTATIVE EXPERIENCE
- Advising Alibaba.com since 1999 on a range of IP, IT and e-commerce related services including data protection issues.
- Advising Hong Kong and Kowloon Motion Picture Association in relation to an enforcement campaign against down loaders of films using Bit Torrent technology.
- Advising a leading Asian ISP on Hong Kong and PRC regulatory issues relating to proposed cross-border ISP roaming and cross-border private-line broadband access cooperation with a Chinese partner.
- Advising Standard Chartered Bank on the setting up of its B2BeX trading platform.
- Advising Noble Group in relation to a number of IT projects including a major data outsource project. Negotiations were held in parallel with two vendors.
- Advising Anheuser Busch on brand protection strategies and enforcement actions against brand cloning companies in Hong Kong and China.
- Co-ordinating customs actions for a number of clients including adidas; Mattel; Guess Inc; Jack Daniel's and Underwriter's Labs Inc.
- Advising Jack Daniel's on trade mark enforcement actions, oppositions and cancellations.
Hogan Lovells Publications
16 April 2012
"Full review of the Opinions from the Supreme People's Court of China on Giving Full Play to the Functional Role of Intellectual Property Trials (Issued Dec 2011).", Hogan Lovells
12 April 2012
"China IPMT Alert.", Hogan Lovells
12 December 2011
"Hogan Lovells Newsflash: Washington State introduces new IT Unfair Competition law.", Hogan Lovells
06 September 2011
"The Personal Data (Privacy) Amendment Bill - A New Landscape for Data Protection in Hong Kong.", Hogan Lovells
14 January 2011
"Hogan Lovells Newsflash: MIIT Announces VoIP Rectification Campaign in China.", Hogan Lovells
October 2010
"Global Media and Communications Quarterly, Issue 1: Focus on Graduated Response." GMC Quarterly, Hogan Lovells
|
|
|