Profile
Sheana is a barrister and mediator with over 30 years’ experience in dispute resolution. Her particular interests are the resolution of contentious Intellectual Property matters, and providing mediation services to resolve all kinds of disputes.
In her Intellectual Property specialty, Sheana initially qualified as a registered patent attorney before completing an LLB (Hons) and joining leading national law firm Kensington Swan in 1997. There Sheana focused on IP disputes of all kinds, and led the national IP team as a partner in the firm from 2005 – Jan 2015. In Feb 2015 Sheana joined the independent Bar and now practises from Quay Chambers. In the IP arena she acts as counsel for a wide variety of clients, in trade mark, patent and copyright disputes. She has appeared at numerous IPONZ and High Court hearings, and in the Court of Appeal.
With a focus on commerciality, Sheana is often successful in resolving disputes cost-effectively and without the need for drawn out litigation. She is also a member of the Domain Name Commission’s Panel of Experts who adjudicate disputes concerning .nz domain names.
Sheana also practises as a mediator. She is an Associate member of AMINZ, a member of AMINZ's Mediation Panel and its specialist IP List, and a Resolution Institute accredited mediator.
Outside her professional life Sheana’s favourite activities are spending time with family and friends, in particular her adult daughter and son, and pursuing her passion for all things Italian.
Practice areas
Intellectual Property
Sheana provides advice (legal and strategic) and representation on all kinds of IP disputes. She is efficient and commercial, and focuses on what her clients want to achieve.
Sheana accepts instructions through solicitors and patent attorneys, and can also assist clients without an instructing solicitor in appropriate cases. She also provides independent second opinions and is happy not only to address the legal issues but also to give strategic and practical guidance.
Specific areas of IP in which Sheana practises are:
- Trade Marks:
- IPONZ trade mark proceedings:
- Trade mark oppositions
- Revocation actions
- Invalidity actions
- Appeals to High Court from IPONZ proceedings
- Trade mark infringement
- Commercial advice.
- IPONZ trade mark proceedings:
- Patents:
- Infringement
- Invalidity
- Copyright infringement
- Passing off and Fair Trading Act
- Dispute resolution / Litigation including:
- Interim injunctions
- Supervision of search (Anton Piller) orders
Currently a member of the New Zealand Law Society IP Committee, Sheana is a past Vice President of IPSANZ and spent many years on the New Zealand IPSANZ Committee. She is named as a leading New Zealand IP lawyer in numerous publications including Who’s Who Legal: Trade Marks 2020 and Patents 2019; Expert Guides – Women in Business Law 2020, Patents 2019; Asia IP Experts (Trade Marks, Patents, Enforcement, Litigation, Pharma and Biotech) 2020; Doyles Guide 2020.
Mediation
Sheana is an experienced mediator and offers mediation services in the Intellectual Property, general commercial and ACC areas. She is an Associate member of the Arbitrators’ and Mediators’ Institute of NZ (AMINZ), a member of AMINZ’s Mediation Panel and IP List, and a Resolution Institute accredited mediator.
Sheana is passionate about mediation as a positive means of resolving disputes. As a very experienced dispute resolution specialist she has assisted numerous businesses in resolving their IP disputes, ranging from the straightforward to the highly complex, and on occasion involving challenging situations and personalities
As a mediator Sheana draws on her extensive dispute resolution experience to address the parties’ real interests and explore intelligent, pragmatic and creative settlement options. She works hard to facilitate mutual understanding, and finds it is usually possible to achieve an agreement, allowing the parties to move on and saving them considerable stress and uncertainty, not to mention costs in both time and money.
In the Trade Marks space Sheana offers efficient fixed price mediation packages for resolving IPONZ proceedings, an area where she is highly experienced in representing parties.
In the ACC area Sheana has experience as an ACC Reviewer through the Independent Complaints Review Authority (ICRA), and now focuses on mediating ACC Review cases. In this field Sheana’s knowledge and experience with ACC cases, people focused approach and experience in dispute resolution help achieve successful outcomes.
Professional history
| 2015 – | Barrister, now at Quay Chambers |
| 2005 – 2014 | Partner and Head of IP Group, Kensington Swan |
| 1997 – 2004 | Senior Associate (2002), Associate (2000), Solicitor (1997), Kensington Swan |
| 1989 – 1993 | Registered Patent Attorney, James W Piper & Co |
Significant cases Sheana has been involved in include:
Office of the Retirement Commissioner v Cash Converters Pty Ltd [2020] NZIPOTM 27
Pharmazen Limited v Anagenix IP Limited [2018] NZIPOTM 27; [2019] NZHC 1520 (1 July 2019)
Target Australia Pty Limited v Target New Zealand Limited [2018] NZIPOTM 16; [2019] NZHC 923 (30 April 2019)
Techtronic Power Tools Technology Limited v Shenzhen Oneplus Science & Technology Co. Ltd [2018] NZIPO 6
Bullsone Co. Limited v Red Bull GmbH [2018] NZIPOTM 5
Trade Me Limited v NZME Publishing Limited [2017] NZIPOTM 22
Fantech (NZ) Limited v Systemair Aktiebolag [2017] NZHC 234 CIV‑2015‑485‑778, High Court Wellington, 22 February 2017, Clark J
Pearson Australia Group Pty Ltd v Rangitoto College [2016] NZHC 2603 CIV‑2016‑404‑001294, High Court Auckland, 2 November 2016, Venning J
Red Bull GmbH v Drink Red Limited [2016] CA 149/2016, Court of Appeal 11 August 2016; [2016] NZHC 531 CIV‑2015-404-1033, High Court Auckland, 24 March 2016, Brewer J
Unilever PLC v McPherson's Consumer Products Pty Limited [2013] NZHC 1458
Te Runanga O Toa Rangatira Incorporated v Prokiwi International Limited [2012] NZIPOTM 14 (1 June 2012)
New Zealand Milk Brands Ltd v Pabst Brewing Company [2011] NZIPOTM 3 (Mar. 30, 2011)
Aventis Pharma SA v Pharmaco (NZ) Ltd (2010) CIV-2010-404-1670, High Court Auckland, 4 June 2010, Harrison J
Frucor Beverages Ltd v Red Bull GmbH (2010) CIV-2009-404 -6525, High Court Auckland 12 February 2010, Potter J
Pfizer Ireland Pharmaceuticals v Eli Lilly & Co CA 8/05, 8 December 2005 (and key member of Eli Lilly & Co’s legal team in this substantive patent infringement and revocation litigation concerning Pfizer’s Viagra patents). Pfizer’s claim was withdrawn shortly before trial.
Vans, Inc v Pacific Brands Ltd (2006) CIV-2006-485-1036 High Court Wellington 29 September 2006, Simon France J; 29 TCL 43/5; [2006] BCL 960
Carabao Tawandang Company Ltd v Red Bull GmbH (2006) CIV-2005-485-1975, High Court Wellington 31 August 2006, Clifford J; 29 TCL 39/8)
Containerlift Services Ltd v Maxwell Rotors Ltd (2003) 10 TCLR 807
Rainbow Technologies Inc v Logical Networks Ltd [2003] 3 NZLR 553
Professional memberships
- New Zealand Law Society
- Fellow of the New Zealand Institute of Patent Attorneys
- New Zealand Bar Association
- Associate Member of Arbitrators' and Mediators' Institute of New Zealand (AMINZ)
- Intellectual Property Society of Australia and New Zealand
- Resolution Institute (accredited mediator)
Contact Sheana
Quay Chambers is located on the corner of Quay Street and Commerce Street in the Britomart precinct. We are a short walk from Britomart Train Station, Britomart Car Park and Downtown Car Park. There are also pay and display car parks nearby.
Physical Address:
Level 7, 2 Commerce Street, Auckland 1010
Postal Address:
PO Box 106215, Auckland 1143
DX: CP 18023
Telephone:
+64 9 972 1471
Facsimile:
+64 9 377 5071