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AI tech could take centre stage in IP law, award-winner says

There is never a dull moment for Sarah Catania, lawyer on the intellectual property team at Corrs Chambers Westgarth, who works on a variety of cases spanning different industries, from science and technology to art and fashion.

user iconMalavika Santhebennur 13 June 2022 Big Law
Sarah Catania
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She enthused that the future of intellectual property is exciting because, with the increasing prevalence of artificial intelligence technology, Australian law could develop significantly in this field.

Ms Catania – who picked up the intellectual property trophy at the recently held 30 Under 30 Awards 2022 in Sydney – advises domestic and international clients across the consumer, retail, life sciences, manufacturing and technology, and media industry sectors.

Her practice covers all areas of intellectual property, including copyright, patents, trademarks, designs, domain names, and complex issues such as breaches of confidence, and misleading and deceptive conduct.

As an intellectual property litigator, Ms Catania has represented clients in the Federal Court, full Federal Court, and the High Court of Australia.

In a conversation with Lawyers Weekly, she detailed what she finds exciting about intellectual property law, why this field is important right now, and what impact artificial intelligence will have on Australian intellectual property law.

She also described how she battled the “pesky” impostor syndrome and other challenges in her career, and how she overcame them, and offered advice to new lawyers entering the profession and striving to make their mark.

What is the most exciting aspect of intellectual property for you?

I enjoy the elements of science, art, fashion, and technology that intellectual property offers. It means I never know what’s coming through the door next. I have had the privilege of working on such a diverse range of matters in my short career, including large-scale pharmaceutical patent disputes, discrete trademark advice for luxury goods brands, misleading conduct claims involving comparative advertising, and confidential information proceedings in the e-commerce industry, to name a few! Each case raises completely different subject matter and legal issues, which is what I love about intellectual property. I particularly enjoy working on expert witness evidence and learning in great detail about their chosen field.

You’re involved in some pretty complex aspects of intellectual property law, including patents, trademarks, copyright, and confidential information. Why are these areas important right now?

Intellectual property law is currently in an exciting period – there have been a number of significant decisions in the past year in the patent and trademark space, and the High Court will be determining further intellectual property issues in the coming months. One area of particular note is the increasing prevalence of artificial intelligence technology. There is a chance for Australian intellectual property law to develop dramatically over the coming years through the courts, and possibly the legislature, with regard to artificial intelligence inventorship of patents. Another exciting technological advancement that is already having an impact on the profession is the emergence of non-fungible tokens (NFT). Although NFTs are relatively embryonic, they are already raising interesting issues in the copyright space.

What led you to focus on these aspects of the law?

I have a great appreciation for black letter law and being challenged. Intellectual property is technical and intellectually stimulating, so it feels like my natural home. I feel lucky that I get to learn about peculiar and wonderful subject matters in my day-to-day working life. I am also energised by court proceedings – it is intense and fast-paced, but it is exciting and extremely rewarding to see the culmination of many months of hard work.

What constitutes success for you in your field?

To me, a successful intellectual property lawyer is renowned as a technically proficient lawyer, is sought out by sophisticated clients and is respected by others in the profession. This is partly the reason why I am studying my master’s in law at the University of Melbourne at the moment, with a focus on intellectual property units – to gain those technical skills. Intellectual property also requires thinking outside of the box – the most successful intellectual property lawyers and barristers I’ve worked with have raised some creative lines of argument which have paid off. It takes an intricate understanding of the law to be able to do that. Although intellectual property might seem niche to some (and I confess I thought it was before I became an intellectual property lawyer!), I have quite a broad practice, so specialisation is something I will consider in the next phase of my career. I think success for me personally would be to become an expert in a certain area of intellectual property law, while still maintaining a broad practice.

What challenges have you faced in your work, and how have you overcome them?

Earlier on in my career, my greatest barrier was my confidence in my abilities. It took me around 12 months after settling in intellectual property to really come into my own and dispel the pesky impostor syndrome. I still feel it occasionally, but I think as I have developed more legal knowledge in intellectual property, I have been able to take confidence from that. The legal profession is a high-performing environment and it can be stressful at times, especially if we impose high expectations on ourselves. I am extremely grateful for the support of my team and my loved ones, who have shown an unwavering belief in me. The Corrs intellectual property partners, in particular, are constantly supportive and have equipped me with the trust in myself that I can face any challenge ahead.

What opportunities do you see for other new and young lawyers entering your field of law?

Given the constant developments in technology, including the couple of examples I have already mentioned, intellectual property truly is an exciting area to practice in. There are plenty of great organisations young lawyers can join in the intellectual property space to continue to build their knowledge and network. For example, I try to attend events run by the International Association for the Protection of Intellectual Property where possible.

What advice/tips would you have for other young lawyers coming through the ranks to face and overcome challenges?

It’s normal to feel out of your depth, and nobody is perfect. In fact, we should try to view these challenges as an opportunity for growth and learning. I would recommend to lean on those around you – your team wants to see you succeed, so don’t be afraid to speak up! The law can be a challenging profession at times, but know that you are not alone.

Missed out on submitting an entry or nominating a worthy colleague in the 30 Under 30 Awards 2022? Don’t fret! Keep an eye out for the launch of next year’s awards program, and make sure you get involved for a chance to be recognised for your dedication and successes in your field of the law!

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