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Provided by Marcus Fleming
Marcus Fleming practises in commercial litigation, with a particular focus on intellectual property law.
Marcus has substantial experience in intellectual property litigation, including in relation to patent revocation and infringement proceedings, patent oppositions, copyright infringement proceedings, trade mark infringement proceedings (including related consumer protection law claims and passing off), trade mark non-use applications and oppositions, and proceedings concerning allegations of misuse of confidential information and related breaches of employment duties. Marcus also has extensive experience in proceedings concerning claims for compensation on undertakings as to damages in the Federal Court of Australia in the context of pharmaceutical patent revocation proceedings.
Marcus is regularly listed in Doyle’s Guide to Leading Victorian Intellectual Property Barristers (2014-2023) and in Doyle’s Guide to Leading Victorian Technology, Media & Telecommunications Barristers (2017-2023).
He is listed in Chambers and Partners for Intellectual Property: The Bar (2021 and 2022). In 2021, he was described as "very insightful and even-tempered, calm under pressure and a pleasure to deal with - one of a number of rising stars in the IP space at the Victorian Bar" and "very clever, particularly knowledgeable about the pharmaceutical industry, and a go-to junior for pharmaceutical patent work".
He is also listed in The Legal 500. In 2021, he was listed as a ‘Rising Star’ in the Legal 500 Asia Pacific (2021). In 2022, he was described as “[s]mart, careful, responsible, knowledgeable, very responsive and efficient. A very safe pair of hands”. In 2023, he was described as “a measured, targeted and persistent advocate. He is incredibly thorough and his drafting skills are excellent”.
He is also recognised in the 2022, 2023 and 2024 Editions of The Best Lawyers in Australia in the field of Intellectual Property Law, and in the 2023 and 2024 Editions in the field of Life Sciences Practice.
Prior to joining the Bar, Marcus was a Senior Associate at Ashurst Australia where he gained extensive experience in large-scale patent litigation, including acting for Samsung in proceedings against Apple Inc concerning patents for smartphone devices.
Marcus holds a Bachelor of Laws (Hons) and Bachelor of Arts (Chinese language major) from Monash University.
Liability limited by a scheme approved under Professional Standards legislation.
Victorian Bar - Commercial Bar Association
Provided by Chambers
Provided by Chambers
Marcus is very collegiate, responsive and down to earth.
Marcus is highly competent and a go-to junior counsel for patents at the Bar.
Marcus is very collegiate, responsive and down to earth.
Marcus is highly competent and a go-to junior counsel for patents at the Bar.