Josh Simons is an intellectual property, technology and regulatory specialist.
Josh’s practice encompasses all aspects of the creation, acquisition, commercialisation, management, protection, and enforcement of intellectual property rights. He is widely recognised for his expertise in intellectual property commercialisation, including negotiation and implementation of complex multi-jurisdictional licensing arrangements. He also acts for clients in litigation to enforce intellectual property rights, including patents, designs, trade marks, copyright and confidential information.
Josh’s competition and regulatory practice has a commercial focus. His areas of expertise include competition issues affecting mergers, regulated infrastructure and commercial supply arrangements. Clients seek Josh’s advice on dealings with the ACCC and other regulators, and he regularly conducts competition compliance training and presents seminars on competition and consumer law issues.
A significant aspect of Josh’s practice is representing government clients in relation to market reform, major projects, privatisation and commercialisation of government assets, outsourcing of government services, technology procurement and intellectual property disputes.
Josh also acts for many leading franchise networks in relation to both their Australian and international operations. He has assisted Australian franchise systems to expand into many countries across the Americas, Europe, the Middle East, and Asia, as well as implementing new franchised, licensing and distribution networks within Australia.
Josh has been recognised by his peers as ‘Lawyer of the Year’ by Best Lawyers in Australia in the areas of Regulatory Practice (2016, 2018 & 2021, 2023), Franchise Law (2019) and Intellectual Property (2014, 2015, 2017 & 2020). He has also been recognised by his peers as one of the Best Lawyers in Australia in the areas of Competition Law (2010 – 2023), Intellectual Property (2010 – 2023), Information Technology (2011 – 2023), Regulatory Practice (2012 – 2023), Franchise Law (2013 – 2023), and Privacy and Data Security Law (2022 & 2023).
He has been recognised in Doyle’s Guide as a recommended lawyer in Australia in Intellectual Property (2018 – 2022); a market leader (2017 – 2019), a preeminent lawyer (2015 – 2016, 2020 – 2022), and a leading lawyer (2012) in Intellectual Property in South Australia; and a market leader (2018), a preeminent lawyer (2017, 2020 – 2022), and a leading lawyer (2015 – 2022) in Technology, Media & Telecommunications in South Australia.
Josh has been recognised by The Legal 500 Asia-Pacific as a recommended lawyer in the area of Intellectual Property within Australia (2017 – 2018)
Josh has been Deputy Chair of the Law Council of Australia’s Competition and Consumer Committee since 2011. He is also past president of the Intellectual Property Society of Australia and New Zealand (SA chapter), and a member of the Franchise Council of Australia’s Legal Committee.
In addition to his legal practice, Josh is the Office Leader of the Adelaide office of Thomson Geer.
Josh Simons’ recent experience includes:
- Advising commercial, government, and university clients regarding intellectual property and technology protection and commercialisation, including establishment and unwinding of R&D and collaborate research arrangements, establishment of joint ventures, cross border licensing arrangements, technology procurement, supply manufacture and distribution arrangements, and the sale or disposal of a range of intellectual property assets.
- Acting for commercial clients across a range of industries in disputes to enforce intellectual property assets (or defend allegations of infringement), including acting in litigation in the High Court, Federal Court, and state Supreme Courts to enforce rights in trade marks, patents, copyrights, designs, and trade secrets (confidential information).
- Acting for government clients in relation to market reform and privatisation of government assets, the establishment of a medical research institute, the outsourcing of government services, the commercialisation of government-owned intellectual property assets, the procurement of technology systems and litigation of intellectual property disputes.
- Advising major franchised and distribution networks regarding strategic and legal issues, including compliance with the Franchising Code of Conduct and Australian Consumer Law, national and international joint venture and licensing arrangements and competition issues.