James Cherry

Principal, Melbourne | BSc(Biochem), LLB(Hons)

Direct +61 3 8662 7332

james.cherry@fpapatents.com

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James is the Managing Director of FPA Patent Attorneys. He specialises in patents for the pharmaceutical and life sciences sectors in Australia and South East Asia. With a background in science and law, he advises owners of rights on how to best protect and extract value from their intellectual property and how to manage issues arising from relevant intellectual property of competitors. He also advises clients on the related areas of confidential information and trade secrets, technology transfer and plant breeder’s rights.

James has actively assisted non-profit research organisations, small start-up companies and large multinationals in their licensing, patent strategy and technology transfer negotiations worldwide for over 25 years. He works with local and global clients to understand their business and assists them develop patent portfolios to maximise their commercial opportunities. He is also actively involved in contentious matters, especially patent opposition proceedings.

Technical expertise 

  • Developing IP assets
  • Managing IP budget and asset allocation
  • IP acquisition and disposition around the world
  • Local and international IP disputes. 

For Australian clients, international management of intellectual property rights is of paramount importance. James advises on strategic creation, management and exploitation of intellectual property rights worldwide.

For clients outside Australia, James brings a detailed knowledge of the Australian and New Zealand pharmaceutical sector and life-sciences markets to provide insightful advice for organisations seeking to protect and exploit their intellectual property in the Australian, New Zealand and South East Asia marketplaces.

Areas of expertise

  • Patents
  • Biotechnology
  • Pharmaceuticals
  • Medical Treatments
  • Food Technology
  • Agribusiness and Agrochemicals
  • Plant Breeder’s Rights
  • Medical Diagnostics

Qualifications

  • Bachelor of Science (Biochemistry), University of Melbourne
  • Bachelor of Laws (Hons), University of Melbourne
  • Registered Patent Attorney (Australia and New Zealand)

Memberships

  • Fellow: Institute of Patent and Trade Mark Attorneys of Australia
  • International Association for the Protection of Intellectual Property
  • Fédération Internationale des Conseils en Propriété Industrielle (International Federation of Intellectual Property Attorneys - FICPI)
  • American Intellectual Property Law Association
  • Licensing Executive Society

Recommended

  • FPA Patent Attorneys was ranked Tier 1 for Patent Prosecution by the Managing Intellectual Property IP Stars Handbook 2017 and 2018.
  • James was named as a Managing Intellectual Property IP Star in 2018, 2017, 2016, 2015 and 2014.
  • Intellectual Asset Management’s 2017 and 2018 editions of the IAM Patent 1000 – the World’s Leading Patent Professionals awarded FPA Patent Attorneys the highest category of “Highly Recommended” for Patent Prosecution. 
  • In 2013, 2014, 2015, 2016, 2017 and 2018, James has been listed in the IAM Patent 1000 Guide - the World's Leading Patent Professionals as a Leading Patent Practitioner. In 2013 he was referred to as "Frequently named among the nation’s top life sciences gurus" and the following year it was acknowledged that he "Gives great guidance and support when navigating the prosecution process in various jurisdictions." In 2015, he was referred to as "Assisting pharmaceutical concerns with the conception and execution of global management and exploitation game plans."  In 2017, it was highlighted that James "Handles patent procurement for a host of heavyweight clients", and that he is the "Go to professional for international technology transfers, another life sciences whizz." In the current guide, James is acknowledged for managing the Australian and South East Asian practice with a "Steady hand", and as championing the "Rights of many of the world's leading pharmaceutical outfits at the patent office." 
  • FPA Patent Attorneys Chemistry and Biotechnology practice was awarded the 2015 AI Intellectual Property Award as Best Biotechnology IP Matters - Australia.
  • James has been listed in The Best Lawyers® in Australia 2018, 2017, 2016 and 2017 guides for Biotechnology Law and Intellectual Property Law.
  • James was listed as a one of "50 Patent Lawyers you should know" by Asia IP magazine.