Chua, Rachel

Rachel has over 22 years’ experience in intellectual property (IP), technology and commercial law, and has been a senior and strategic advisor to Commonwealth agencies on significant and high profile matters in these areas. She is the co-leader of AGS’s National Technology and IP Network, and is a member of AGS Commercial’s Technology and National Security leadership group.

Rachel assists agencies to manage complex legal issues, including in respect of IP and related rights, ICT, technology, ecommerce, social media, data and information management and emerging technologies. She advises on the protection, management, licensing and enforcement of IP, including copyright, Crown copyright, moral rights, trade marks, domain names, patents, confidential information, and Indigenous IP, and has prepared Commonwealth guidance on online legal issues.  

Rachel has particular experience in Commonwealth IP management, having assisted many Commonwealth agencies with their IP reviews, policies and guidelines. She has wide expertise in drafting and advising on complex Commonwealth contracting arrangements including in relation to ICT, licensing, publishing, data, research, sponsorship, grants and intergovernmental agreements and other ‘novel’ arrangements.

Rachel has advised on strategic branding protection and management in Australia and overseas in respect of various Commonwealth initiatives, including in relation to high profile Commonwealth certification trade mark schemes, and has acted for agencies in successful trade mark opposition proceedings.

She has been involved in IP reform processes involving interdepartmental consultations on Commonwealth IP reforms including those relating to copyright access, which follow various reviews and recommendations in this area.

Rachel has written extensively on IP and technology issues in AGS publications, including AGS Express Law, AGS Commercial notes and AGS Legal briefing.  She has been a key organiser of, and contributor to, AGS’s Intellectual Property Forum since 2004.  Rachel has also been an examiner for the undergraduate IP course at the Australian National University.

Relevant experience

Rachel’s recent work includes:

• advising the Department of Prime Minister and Cabinet on data sharing arrangements in relation to COVID-19 data to inform government policy decisions
• partnering with the Office of the National Data Commissioner (ONDC) in providing current awareness (including information sessions) to Commonwealth officers and Chief Counsel in respect of the new Data Availability and Transparency Act 2022
• providing advice and assistance to the Australian Criminal Intelligence Commission (as an inposted lawyer) in respect of complex ICT arrangements and data management issues for the National Criminal Intelligence System;
• advising the Clean Energy Regulator on complex commercial and IP issues for the Solar Panel Validation (SPV) program, a Commonwealth initiative that won a Prime Minister’s Award
• advising the Department of Foreign Affairs and Trade and IP Australia on complex IP enforcement issues across the various IP regimes (including for geographical indications) in support of negotiations on the proposed Australia-EU Free Trade Agreement
• advising the Independent Hospital Pricing Authority on IP and licensing issues relating to a complex, interdependent, suite of international agreements in respect of the Australian Refined – Diagnosis Related Groups Classification System (AR-DRG).
• advising Australian Curriculum Assessment and Reporting Authority on IP, data and online contracting issues for the NAPLAN and MySchool initiatives
• advising key Commonwealth agencies on complex and sensitive IP issues relating to the Aboriginal Flag and Torres Strait Islander Flag
• advising in respect of patent infringement proceedings instituted by the Royal Canadian Mint against the Royal Australian Mint in relation to a patented coin colouring process.

Qualifications

Master of Laws (IP and Technology law), University of Melbourne

Bachelor of Science, Australian National University

Bachelor of Laws, Australian National University

Registered trade mark attorney

Recognition

Arts Law Centre of Australia Pro Bono Award – 2017, 2018, 2019, 2020, 2021, 2022, 2023 and 2024.