Hayden Delaney - Partner

Hayden Delaney "One of Australia’s leading IP and technology lawyers, whose breadth of skill and experience is top notch"..."He – along with the team he supervises – is responsive, pragmatic, creative and professional; they know their stuff and deliver it in a way that suits their clients.”

Overview Experience Publications Contact

Hayden leads HopgoodGanim’s Intellectual Property and Technology team. He is a lawyer specialising in the information, communications and technology sector, and intellectual property law.

Hayden is sought out for his expertise on complex technology projects and transactions, intellectual property management and intellectual property enforcement - both in domestic and international matters. He holds qualifications in Laws and Information Technology (with Honours and Distinction respectively).

He has a comprehensive understanding of all aspects of technology transactions, licensing and commercialisation, such as: procurement (including QITC); systems integration and interoperability; outsourcing and cloud services (IaaS, PaaS and SaaS); software development agreements (AGILE and waterfall-based models); research commercialisation; and privacy and data protection.

Hayden’s expertise in intellectual property has seen his involvement in a multitude of commercial and litigious matters, including those involving copyright, trade marks, patents, designs and plant breeders’ rights.

Hayden is a frequent speaker at industry seminars and events, covering legal issues affecting the ICT industry, including speaking at the RSA Conference 2015 in San Francisco (the only Australian lawyer to do so) and the AusCERT Conference 2015. Hayden was named ACS Queensland's Young ICT Professional of the Year in 2010 and is the Vice-Chair of its Executive Committee.

Most recently, Hayden was Recommended by Doyle's Guide to the Australian Legal Profession in Leading Technology, Media & Telecommunications Lawyers - Queensland, 2016-2018 as well as Leading Intellectual Property Lawyers - Queensland, 2018. He was also mentioned in the World Trademark Review 1000 for the third consecutive year for the World’s Leading Trade Mark Professionals, where he was described as “an authority on online IP infringement” and “one of Australia’s leading IP and technology lawyers, whose breadth of skill and experience is top notch.” He has also been recently named a Finalist by Lawyers Weekly in their Partner of the Year Awards for Intellectual Property in both 2017 and 2018. 

Areas of Practice

  • Acting for Nvidia Corporation (the world’s largest designer of graphics processing units) in the management and prosecution of its Australian IP portfolio, including the trade marks for its market leading GeForce and Tegra product lines.
  • Acting for Chrysos Corporation in the acquisition and licence of IP assets from CSIRO, including a suite of trade marks and patents. Chrysos was obtaining a technology transfer from CSRIO for the purpose of it commercialising the matter on a worldwide basis. HopgoodGanim acted for Chrysos on the transaction including negotiating a complex Technology Licence and Assignment Agreement, Share Subscription Agreement, Shareholders Agreement and a Scientific Services Agreement.
  • Acting for Forbes LLC’s trade mark prosecution in Australia across a broad set of goods and services.  HopgoodGanim was able to strategically file a set of divisional applications and supporting evidence in order to overcome several complex hurdles in examination, including prior registrations of third parties, and surnomial objections (given that Forbes is common surname in Australia) and geographical indicator objections (given that Forbes is also a town in Australia).
  • Acting for the Jim Henson Company Inc, in connection with a copyright advisory and licensing matter. The matter pertained to a new series to be distributed via Netflix which was based on various underlying copyright works and character rights relating to a famous Jim Henson Company series.
  • Working with a world-leading vendor of encryption key management products and software development kits based on global information industry standards set by the Organization for the Advancement of Structured Information Standards (OASIS) as well as a public-key cryptography standards group via RSA Security. This work has seen us advise in projects and deals which involved licensing technology to world-leaders in IT security, including Dell, HP, Thales E-Security, Trend Micro, Vormetric and more.
  • Acting on a global intellectual property licence agreement involving the licence of software in source and binary form to NetApp, Inc.
  • Acting for BP on the negotiation of design and implementation of a “No-Double Tolling Solution” for the Logan Motorway. The project, amongst other things, required the design and implementation of system to ensure motorists do not get double tolled when entering and exiting BP operated service stations along the Logan Motorway.
  • Acting for BCP Media on patent infringement proceedings in the Federal Court on issues pertaining to patent infringement and validity.
  • Advising Village Roadshow Theme Parks and Village Roadshow Limited on a suite of international licensing agreements with MTV Networks in relation to know-how, brand and trade mark rights related to MTV’s Nickelodeon network.
  • Advising CQUniversity on a research alliance agreement with University of Queensland, the Queensland University of Technology and Curtin University under the new Collaborative Research Networks (CRN) program run by the Australian Government’s Department of Innovation, Industry, Science and Research - the first of its kind in Australia.
  • Acting for Mayne Industries Pty Ltd in Federal Court proceedings involving an alleged trade mark infringement in the shape of a wire fence “dropper”. The case is considered to be of considerable importance in the area of non-conventional trade marks (colours, scents, shapes, etc).
  • Advising a government-owned water corporation on the evaluation of tenders for the supply of outsourced, or cloud, IT services under the GITC framework.
  • Advising an international telecommunications company on the drafting, negotiation and execution of various agreements for access and provision of satellite services in Australia with an Abu Dhabi-based owner of a telecommunications satellite.
  • Acting for Microsoft Corporation in several dealership test purchase programs in Queensland, South Australia and Western Australia. The matters involved acting against small to medium computer dealerships for providing infringing copies of Microsoft programs to end users.
  • Successfully acting for Digga Australia Pty Ltd in the landmark Federal Court appeal against the decision of Greenwood J in Norm Engineering Pty Ltd v Digga Australia Pty Ltd [2007] FCA 761. The decision is a significant one in this area of law.
  • Advising a national agricultural company on plant breeder rights, and their enforceability against various parties.
  • Advising a biotech company on its licensing agreements and acting for the company in a dispute with a national corporation.