Sócio
Co-leader of Intellectual Property, Leader of Asia IP and TMT, Co-leader of Cyber-Incident Response Team
Gabriela Kennedy
Intellectual Property, Technology, Media & Telecommunications, Technology & IP Transactions
Geral
Clients leverage Gabriela Kennedy's media, intellectual property, information technology, and telecommunications law experience to help them with technology transactions and solve issues in litigation or data privacy matters.
Data Protection: Gabriela advises extensively on technology and data protection issues in Hong Kong and throughout Asia, particularly in relation to business process outsourcing, the cross-border transfer of data, data compliance, data breaches, and cyber incident responses. She frequently conducts in-depth data audits and devises data privacy management and governance strategies for the Asia operations of a number of multinational companies.
Technology: Gabriela advises on complex technology transactions and projects, technology outsourcing, cloud-computing, mobile payments, smart card projects, the regulation of digital assets, and disputes stemming from failed technology projects. She has been involved in discussions relating to developing strategies and standards for cross-border data transfers.
Media: Clients rely on Gabriela in high-profile media transactions and litigation, leveraging her experience in signal piracy litigation and 'must-carry' and re-transmission rights cases under the Copyright Ordinance. She advises collecting societies on licensing deals and disputes involving royalty fees.
Telecommunications: Gabriela advises extensively on regulatory and transactional telecommunications matters in Asia. She has advised incumbent operators in Asia on the introduction of regulation and the liberalisation of their respective markets.
Gabriela is recognised as a leading lawyer in every field her work covers, and sits on the editorial boards of multiple publications in her respective fields. A former theoretical linguist, Gabriela speaks a number of European languages, including English, French, Spanish, Italian, Romanian, and Portuguese.
Experiência
Intellectual Property
Advised:
- A listed property developer on a dispute with one of its licensors in relation to the operation of award-winning restaurants in Hong Kong.
- A major Hong Kong media and telecoms company on all aspects relating to the enforcement of their IP rights and their global branding strategies.
- A major cosmetics brand on trademark matters and assisting with enforcement actions, particularly in relation to tackling online infringement.
- A major sports clothing and footwear company on brand enforcement in Asia, handling a number of trademark infringement High Court Actions proceedings in Hong Kong and elsewhere; obtaining injunctive relief and carrying out search orders.
- A US coffee company on franchise agreements, licensing agreements, and related trademark issues. Handling domain name matters for them in China, Hong Kong, Taiwan, and Macau.
- An established American whiskey brand on trademark enforcement actions, oppositions, and cancellations in Greater China.
- A number of music publishers on complex music copyright issues.
- A leading US brewing company on brand protection strategies and enforcement actions against brand cloning companies in Hong Kong and China.
Acted for:
- A collecting society in the High Court of Hong Kong, obtaining landmark damages for copyright infringement.
- A Hong Kong-based retail company on a parallel import claim in relation to a global cookies brand.
- A well-known non-profit organisation in HKIAC proceedings involving the breach of a licensing agreement.
- A global multinational supply chain manager in drafting and negotiating several agreements with a European clothing brand for the manufacture and distribution of clothes throughout Asia.
- A well-known international food and beverage company on all intellectual property aspects of the dissolving of its joint venture in Indonesia.
- A well-known celebrity hair stylist in Asia on all aspects of his joint venture arrangement for the development of his brand and related hair care products.
Other experiences include:
- Coordinated customs actions for a number of clients, including a sports apparel company, a leading toy manufacturer, a global lifestyle brand, an established American whiskey brand, and a safety consulting and certification company.
- Handled over two dozen Anton Piller cases (search and seizure orders) for a German multinational sports apparel company and developed enforcement and branding strategies for a number of clients in a wide range of industries across Asia, such as toys, sports goods, alcoholic beverages, gaming, electronic goods, and video games.
- Lobbied on behalf of a music collecting society at the time that the Copyright Ordinance was passed before the handover and represented them in Legco.
- Lobbied for all subsequent amendments to the Copyright Ordinance on behalf of a number of clients and technology and media industry associations.
- Led on a number of cases involving online infringements and negotiated MOUs with online platforms.
- Successfully advised, in the High Court of Hong Kong, in a landmark damages copyright case for a Hong Kong agency that protects the music copyright of its members.
- Handled a number of High Court cases involving mod-chips and circumvention of technical protection measures (represented a market-leading software, services, and solutions provider, and several video gaming companies in a landmark case).
- Devised the solution to the company hijacking problem in Hong Kong (invoking UK Court of Appeal case Halifax). These cases led to the formation of the IP Practitioners Liaison Committee with Registrar of Companies (Gabriela was one of the first IP practitioners invited to join this committee) and the eventual changes to the Companies Ordinance that made the enforcement of court orders for the change of name of a company much easier.
Media
Advised:
- A major television broadcaster and its group company on public complaints in relation to the breach of the television programme code. The complaint concerned an infotainment programme which discussed the free-to-air TV licence controversy in Hong Kong.
- A free-to-air broadcaster in judicial review proceedings stemming from a decision and sanctions issued by the broadcasting regulator in relation to advertising standards.
- A media industry association in Hong Kong in relation to set up a new administrative process to achieve site blocking.
- An American multinational media corporation on the courses of action for linking websites and streaming content, and dealing with set-top boxes under the existing Copyright Ordinance versus proposed amendments to the Copyright Ordinance.
- A music publisher on the impact of licensing schemes following the disbandment of collecting bodies for karaoke music licensing.
- A music collection society in relation to disputes over licensing fees and copyright infringement.
- A provider of music streaming services in Asia in a dispute over provision of copyright works by way of apps in Hong Kong.
- Handled signal piracy cases for the exclusive licencee for FIFA World Cup broadcasts for the past three Football World Cups.
- a major music publisher on the acquisition of the recorded music catalogue and artist roster of one of the largest independent music companies in Greater China.
- Handled broadcasting litigation (disputes with TELA regarding the calculation of licence fees for pay TV operators; disputes relating to credit ratings results; defamation cases; and a landmark case which tested in court for the first time the anti-competition provisions in the Broadcasting Ordinance).
- Handled anti-competition complaints filed with the then Broadcasting Authority and appeals from such decisions to the Chief Executive-in-Council.
- Leading TV channels on strategies for dealing with unauthorised streaming of content and dealing with illegal set top boxes.
- On the transactional side, Gabriela has been involved in a few major media deals and has advised on channel agreements, distribution agreements and many licensing deals for a few foreign channels in Asia and for local TV stations.
Technology
Advised:
- A global financial institution on the preparation of its suite of template procurement documentation, including SaaS, service, software development, and hardware procurement.
- An investment company on the review of its template procurement documentation for Hong Kong and Singapore law compliance.
- A leading APAC investment firm on the preparation of documentation for its property management mobile application.
- A retail company on the application of the Hong Kong money service operator licensing regime in relation to the collection of money through the use of a QR code on a mobile app.
- An airport operator on a contract relating to a tender for the acquisition of a video analytics system that utilises artificial intelligence.
- An airport operator on the adoption of an e-tendering system and on private/public certificates; migration to an electronic system, review of terms and conditions, and all related IT advice during the development of the project. Prepared their standard form IT contracts and ran training sessions for over 100 of their IT workforce.
- An international resource-based group on the establishment of a sustainability consortium platform with other industry players, and the use of a blockchain solution to trace the production and sourcing of materials.
- A Hong Kong-based insurtech startup on insurance regulatory issues arising from distribution of insurance products through mobile phone applications.
- A multinational banking and financial services organisation in relation to the HK$44 million launch of their new mobile e-wallet payment platform, including handling the outsourcing and regulatory authorisations, drafting and negotiating the outsourcing agreement between the client and its service provider for the operation and maintenance of the e-wallet, the end-user terms and conditions, and personal data collection statement and privacy policy.
- A leading media and information company in the outsourcing of facilities management services, and assisted in amending the local agreements and data protection agreements to ensure compliance with local data privacy laws for Hong Kong, China, the Philippines, South Korea, Japan, Taiwan, Thailand, Indonesia, India, Malaysia, Singapore, Australia, and New Zealand.
- On the outsourcing of IT services for end-user and network support throughout Asia as well as on an outsourcing agreement between the client and a telecom services provider for the provision of data connection services in Greater China.
- A major Hong Kong property developer in relation to the adoption of back office Software as a Service solution for the management of lease agreements and advising on data privacy issues relating to the transaction.
- A French luxury brand on IT and Data Centre Agreements for a data centre in Hong Kong.
- A global multinational supply chain manager on all IP and IT aspects relating to the acquisition of an e-commerce platform.
- A leading insurance company on a transitional services agreement and software licence agreement, as part of a large share purchase acquisition.
- A leading media and information company on the outsourcing of IT services for end-user and network support throughout Asia.
- On an outsourcing agreement between a leading media and information company and a telecom services provider for the provision of data connection services in Greater China.
- On cybersecurity issues, payment platforms, and encryption issues (including securing membership to Identrus for a number of banks).
- On cloud contracting - white paper for software house on adoption of cloud services by customers; drafted and negotiated SaaS and PaaS licences and advised on related data protection issues.
Acted for:
- A multinational luxury goods conglomerate in relation to the review of an e-wallet payment services agreement.
- A major investment bank in the outsourcing of facilities management services, and assisted in amending the local agreements and data protection agreements to ensure compliance with local data privacy laws for Hong Kong, China, the Philippines, South Korea, Japan, Taiwan, Thailand, Indonesia, India, Malaysia, Singapore, Vietnam, Australia, and New Zealand.
- A leading Asian airline in relation to two data centre services agreements for the provision of a data centre solution for the airline's critical, core system, including drafting and negotiating the agreements.
- A property management and development company in relation to a template IT procurement agreement to cover the general licensing and/or acquisition of software and hardware solutions.
- A leading gaming company on the drafting and negotiation of a consultancy services agreement with a global IT company for the development of a data management system.
Other experience includes:
- Led a number of high-profile IT deals, including an international banking group's online, end-to-end trade platform - B2BeX (a UK£54 million project which ran for three years), Pan-Asian outsourcing deals (for Goldman Sachs, Noble Group, and Prudential, to name a few).
Data Protection
Advised:
- A global cargo operator in relation to a data privacy project involving the review of its template tender documents, data protection agreements, and data processor compliance checklist to ensure compliance with applicable personal data privacy requirements, including the PDPO and GDPR, triggered by cross-border transfers of personal information held by its customers. The project involved conducting interviews with representatives from its seven (7) business units, understanding its business operations and data privacy-related requirements, working with stakeholders to prepare the template documentation and giving a final presentation to the board of management.
- A global automobile manufacturer on its data breach notification requirements under the PRC Data Privacy Laws, such as the Personal Information Protection Law, Cybersecurity Law, and Data Security Law, and recommend changes on a process level to ensure compliance with the aforementioned PRC Data Privacy Laws.
- A leading technology company on the permissibility of its collection and retention of IDs in ten (10) jurisdictions across APAC.
- A global US-headquartered education and publishing company in a data privacy compliance exercise to ensure that its data collection streams and usage processes are compliant with PRC Data Privacy laws.
- The private equity and asset management arm of a leading Korean-headquartered global financial services group on PIPL and other data privacy, data security, and cybersecurity laws, with a particular focus on requirements relating to the restrictions on cross-border data transfers and data retention requirements. We also provided our recommendations on steps to take to comply with or mitigate the risk of any non-compliance with the PIPL and other relevant laws.
- A global bank on the compliance of its data privacy practices vis-à-vis employee surveillance data in fifteen (15) jurisdictions across APAC.
- A global investment management and advisory firm on applicability of PIPL to its PRC and foreign entities in relation to the processing and transfer of its PRC-based employees, and recommended steps to be taken to comply with the PIPL.
- A leading global insurance provider on applicability of PIPL to its Hong Kong entity with no legal presence in the PRC in respect of the collection and processing of its PRC-based customers and the relevant obligations under the PIPL. We also provided our recommendations on the steps to be taken to avoid the risks of any non-compliance with the PIPL.
- A leading Asian retail group on the application of the China Cybersecurity Law and the EU GDPR in relation to the use of outsourced third-party service providers to provide payroll and attendance record services.
- A German multinational materials manufacturer on Hong Kong data privacy laws and the China Cybersecurity Law with respect to their employee share programme.
- An international luxury hotel group on the collection and use of personal data in light of the China Cybersecurity Law.
- An international financial institution on the laws and regulations governing client data and personal data across 14 Asia-Pacific jurisdictions, covering personal data privacy laws, outsourcing regulations, and banking regulations.
- A sovereign wealth fund established by the Singapore government on cross-border data transfer requirements with respect to their cloud service.
- Statutory bodies in multiple jurisdictions in Asia on data sovereignty issues concerning data collected and controlled by them out of their home jurisdiction.
- An international operator of luxury residences on Hong Kong data privacy issues in relation to the collection, use, and transfer of personal data inside and outside Hong Kong, and reviewed and amended the company's template clauses for inclusion in third-party service provider agreements regarding the retention and use of personal data; the data privacy policy and cookies policy.
- A leading insurance company on the transfer, processing, retention, storage, and use of personal data by an IT service provider company outside of Hong Kong.
- A leading business and data analytics company on the risks posed under Hong Kong law in relation to the collection of personal data from public records, which are then used in business reports and marketing activities.
- A leading oil and gas company on amending and reviewing their application form, personal information collection statement, and terms and conditions in relation to its discount card membership program.
- A leading luxury Italian fashion brand on their handling of customers' personal data for direct marketing purposes in Hong Kong.
- A leading Italian luxury fashion and cosmetics brand on their handling of customers' personal data for direct marketing purposes in Hong Kong.
- A leading Italian luxury footwear and handbag brand on the cross-border transfer of personal data in compliance with data privacy laws across seven jurisdictions.
- A leading financial institution on the outsourcing of facilities management services, and assisted in amending the local agreements and data protection agreements to ensure compliance with local data privacy laws for Hong Kong, China, the Philippines, South Korea, Japan, Taiwan, Thailand, Indonesia, India, Malaysia, Singapore, Australia, and New Zealand.
- A leading media and information company on the outsourcing of facilities management services, and assisted in amending the local agreements and data protection agreements to ensure compliance with local data privacy laws across 13 jurisdictions.
Other experiences include:
- Assisted a regional trade finance platform with preparing its platform T&Cs and privacy policy, and advising on data flows, including cross-border data transfers impacted by Singapore's Personal Data Protection Act 2012 (PDPA), Hong Kong’s Personal Data (Privacy) Ordinance (PDPO), and the PRC's Data Privacy laws.
- Assisted a leading global manufacturer of specialty chemicals and high-performance carbon materials with reviewing various privacy documents and notices to ensure compliance with the requirements of the PIPL.
- Conducted a data audit of a global video communication software company reviewed data flows in the PRC in order to determine the applicability of PRC Data Privacy Laws, such as the Personal Information Protection Law, Cybersecurity Law, and Data Security Law, and recommended changes on an operational level to ensure compliance with the aforementioned PRC Data Privacy Laws and data localisation requirements.
- Conducted an Asia-Pacific data privacy audit for global alternative asset manager to ensure that its policies and procedures comply with data privacy laws on the collection, use, disclosure, transfer, and processing of personal data of job applicants and employees.
- Conducted a data privacy audit for a luxury leather goods company covering Hong Kong, Malaysia, Singapore, Taiwan, and South Korea.
- Assisted an internationally renowned Italian luxury brand with its compliance with data access requests under the Hong Kong data privacy laws.
- Led data audits for clients, reviewed policies, and devised data protection manuals.
- Handled and led many Pan-Asian data protection projects (mostly for banks, relating to data processing, cross-border transfer issues, and disclosure of information to overseas authorities).
Cyber Breach Incident Response
- Provided advice to a financial, software, data, and media company on a data privacy breach involving a service provider.
- Handled a number of complaints to the Privacy Commissioner, including a much-publicised data breach against a leading video game company (and successfully argued that no investigation should be initiated against the client).
- Acted for a hospitality client in a data breach caused by human error leading to the loss of hundreds of personal records. Coordinated investigation of the incident and review of internal procedures; suggested and articulated new procedures; handled advocacy before privacy regulator; and coordinated notification to affected parties.
- Acted for a hospitality client in a data breach caused by a cyberattack on a third-party provider offering booking services. Coordinated investigation of the incident and review of internal procedures, and suggested mitigating steps; providing response to privacy regulator.
- Acted for an international hospitality client in a data breach caused by a cyberattack perpetrated by an advanced persistent threat leading to the exfiltration of guest data in multiple jurisdictions. Coordinated investigation of the incident and notifications to regulators and customers in multiple jurisdictions.
- Advised a Hong Kong conglomerate on a data privacy breach involving an employee.
- Advised a leading Pan-Asian retailer on a data breach caused by a brute force attack on its mobile application, including providing response to the privacy regulator, and successfully argued that no investigation should be initiated against the client.
- Acted for a quango in a data breach caused by a ransomware attack. Coordinated investigation of the incident, and review of internal procedures and suggested remediation roadmap, providing response to the privacy regulator, reviewing communications to the public and stakeholders.
- Acted as breach coach for a health organization in Singapore in relation to a data breach arising from a suspected compromise of a service provider's email servers.
- Advised an international technology company in data breach notification considerations arising from a possible data breach in multiple APAC territories, including Singapore, Australia, New Zealand, India, Philippines, South Korea, and Japan.
- Advised an entertainment client regarding a data breach, including review of the situation, coordination of the response, advocacy before the privacy regulator and notification to affected users, and review of the client's policies and procedures in light of the incident.
- Advised an international construction equipment manufacturer in relation to a data breach that affected multiple Asia-Pacific jurisdictions.
- Advised a global medical device manufacturer on data breach notification requirements across several APAC jurisdictions and formulated strategies for handling the data breach in these jurisdictions following a cyber incident arising from the Accellion FTA attack.
- Advised a major restaurant group on a potential data breach incident involving a third party's unauthorised access to an employee communication platform.
- Advised an insurance and healthcare client on a cyber incident caused by a ransomware attack in the United States that had led to a shutdown of its systems worldwide.
- Advised a multinational insurance client on a data breach in Hong Kong involving the loss of customer personal data and sensitive information, and acted as breach coach to coordinate response of a cyberattack against a cyber insurance policy holder.
- Advised a multinational maritime and ship management group that was subject to a double extortion ransomware attack involving the exfiltration of its data as well as encryption of its data servers located in Hong Kong and Singapore. Coordinated the investigation, assessment of the root cause and extent of impact, threat hunting, containment, and remediation.
Domain Names
Advised:
- A major sports clothing and footwear company on domain name strategies for .vn and dealing with online infringement.
- The Hong Kong Domain Name Registration Company Limited on issues relating to phasing out old contracts with customers.
- A leading Chinese e-commerce platform on their domain name strategy and recovered over 400 domain names for them through litigation in many jurisdictions (China, Russia, Ukraine, Kyrgyzstan), and through domain name dispute resolution procedures (UDRP, various local DRP and URS procedures in many jurisdictions, including China, Hong Kong, India, Spain, Australia, Greece, Turkey, Russia, Ukraine, England, and the US).
Drafted:
The current domain name agreements, policy, and rules for the Hong Kong domain name registry, and advised on the dispute resolution policy of HKIAC and led a similar project for the Singapore registry.
- The agreements and policy for a new Chinese language gTLD.
Other experience includes:
- Panellist with WIPO and HKIAC. Adjudicated on more than 400 cases (some of which have been cited and discussed in the international press). Drafted and filed more than 400 domain name complaints on behalf of clients (UDRP, DRP, and URS); one of 100 panellists with WIPO for Legal Rights Objections (LRO) in relation to new gTLD domains.
Telecoms
Advised:
- A China-based listed e-commerce giant on several matters concerning the telecommunication licensing, data privacy, and unsolicited electronic messaging requirements in relation to the client's international SMS messaging service, SIP voice line services, cloud services, and other value-added services. They concerned the cross-border nature of telecommunications services, and the related licensing and data privacy issues.
- A Chinese state-owned company on their investment in a telecommunications infrastructure and civil engineering business to fund the construction and deployment of a new telecommunication infrastructure to 600 villages in Hong Kong, in order to be able to provide the residents in the villages with broadband services. Provided advice on the type of telecommunication permits and licences (including the unified carrier license) that need to be obtained in order to operate in the business of construction of telecommunications infrastructure in Hong Kong.
- A cloud computing company on the offer of voice services as part of its services and applied for telecoms licences in Hong Kong.
- Advised a cloud computing company on the provision of content delivery network point-of-presence services in Macau.
- A major car manufacturer on issues relating to connected car communications from a telecoms regulatory point of view.
- A financial software, data, and media company on the provision of "click-to-dial" services on its platform, which is an emerging method of communication that does not fit squarely into the existing regulatory framework.
- On an industry code to be followed by content service providers (CSPs) and mobile network operators (MNOs) in Hong Kong. The industry code sets out guiding principles for compliance by CSPs and MNOs to ensure that appropriate procedures and processes are put in place to protect consumers.
- On regulatory matters since the mid-1990s and drafted all types of agreements (interconnect; wayleave; equipment lease) and advised on anti-competition issues (including in judicial reviews against the regulator relating to VOIP issues).
- On all types of licensing issues in Asia.
- On the regulatory side in due diligence part of M&A transactions.
Serviços e Indústrias Relacionadas
Serviços
- ITC Section 337 Actions
- Patent Litigation
- Trade Secrets
- Trademark Litigation
- IP & Data Monetization
- Global Anti-Corruption & FCPA
- Internal Investigations
- Electronic Discovery & Information Governance
- Japan
- Joint Ventures & Strategic Alliances
- EU General Data Protection Regulation
- Enterprise Risk & Crisis Management
- Trademark Prosecution & Brand Management
- Digital Assets, Blockchain & Cryptocurrency
- Cloud Computing
- Digital Transformation
- Outsourcing
- IP, Software and Data Licensing
- Software Development and Technology Outsourcing Disputes
- Proptech
- Connected & Autonomous Vehicles
- Supply Chain & Distribution
- Special Situations
- Tech M&A
- Global Data Innovation
- Artificial Intelligence
Publicações e Apresentações
Publicações
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Reconhecimento
Awards
- Ranked World Trademark Review (WTR) 1000: China and SARs: Hong Kong
- Winner of the Intellectual Property - Copyright category, Hong Kong – Client Choice Awards
- Technology Lawyer of the Year – Euromoney Legal Media Group Women in Business Law Awards for APAC
- Private Practitioner of the Year, North Asia – Asian Legal Business Inaugural Women in Law Awards
- Thought Leading Author - Food, Drugs, Healthcare, Life Sciences, Hong Kong – Mondaq Thought Leadership Awards
- Thought Leader - Data Protection, China – Mondaq Thought Leadership Awards
- Outstanding Practitioner – Euromoney Asia Women in Business Law Awards
- Best in TMT – Euromoney Legal Media Group Asia Women in Business Law Awards
- Best in Privacy and Data Protection – Euromoney Legal Media Group Asia Women in Business Law Awards
- Woman Lawyer of the Year – Asian Legal Business Hong Kong Law Awards
- TMT Lawyer of the Year – Asia Legal Awards
- Best in IP Litigation – Euromoney Legal Media Group Asia Women in Business Law Awards
- Winner of the Intellectual Property category – Lawyer Monthly Women in Law Awards
- Winner of the IT & Internet category, Hong Kong – Client Choice Awards
- Individual Bronze Award – Law Society Pro Bono and Community Service Award
Directory Rankings
- Asia’s Top 15 Female Lawyers – Asian Legal Business
- Asia's Top 15 IP Lawyers – Asian Legal Business
- Asia Super 50 TMT Lawyers – Asian Legal Business
- Asia's Top 15 TMT Lawyers – Asian Legal Business
- Top 100 Women in Litigation, Hong Kong – Benchmark Litigation Asia-Pacific
- Top 100 Women in Litigation: Intellectual Property, China and Hong Kong – Benchmark Litigation Asia-Pacific
- Litigation Star - Intellectual Property, Hong Kong – Benchmark Litigation Asia-Pacific
- Global Leader – WTR Global Leaders
- Influential Woman in IP – World IP Review
- Notable Practitioner – Hong Kong – IFLR1000
- Thought Leader - Data – Who’s Who Legal: Thought Leaders: Mainland China & Hong Kong SAR
- Thought Leader - Data Privacy and Protection – Who’s Who Legal: Thought Leaders - Data
- Thought Leader - Data Security – Who’s Who Legal: Thought Leaders - Data
- Thought Leader - Information Technology – Who’s Who Legal: Thought Leaders - Data
- Thought Leader – Telecoms & Media – Who’s Who Legal: Thought Leaders - Data
- Global Elite Thought Leader – Data – Who’s Who Legal: Data
- Expert – Who’s Who Legal: Trademarks
- Expert - Data Privacy and Protection – Who’s Who Legal: Data
- Expert - Data Security – Who’s Who Legal: Data
- Expert - Information Technology – Who’s Who Legal: Data
- Recommended - Who’s Who Legal: Telecoms & Media
- Recommended - Copyright – Who’s Who Legal: IP
- Recommended - Trademarks – Who’s Who Legal: IP
- Expert - Telecoms & Media – Who’s Who Legal: Data
- IP Star - Top 250 Women in IP – Managing IP
- Band 1 - Intellectual Property (International Firms), China – Chambers Global
- Band 1 - Intellectual Property (International Firms), China – Chambers Greater China Region
- Band 1 - Intellectual Property (International Firms), China – Chambers Asia Pacific
- Band 1 - TMT: Information Technology (International Firms), China – Chambers Greater China Region
- Band 1 - TMT: Information Technology (International Firms), China – Chambers Asia Pacific
- Band 1 - TMT: Telecommunications & Broadcasting (International Firms), China – Chambers Greater China Region
- Band 1 - TMT: Data Protection & Privacy (International Firms), China – Chambers Greater China Region
- Leading Individual - TMT: Telecommunications & Broadcasting (International Firms), China – Chambers Asia Pacific
- Leading Individual - Intellectual Property: Foreign Firms (China) – The Legal 500 Asia Pacific
- Hall of Fame - Intellectual Property (Hong Kong) – The Legal 500 Asia Pacific
- Leading Individual - Intellectual Property (Hong Kong) – The Legal 500 Asia Pacific
- Hall of Fame - TMT (Hong Kong) – The Legal 500 Asia Pacific
- Leading Individual - TMT (Hong Kong) – The Legal 500 Asia Pacific
- Leading Individual in Intellectual Property (China-International Firms) – Chambers Global
- Highly Recommended - Non-Contentious, China International Trademarks – WIPR
- Recommended - Contentious, China International Trademarks – WIPR
- Leader – WIPR Leaders
- IP Expert - Hong Kong – Asia IP
- Leading Lawyer in Media & Entertainment – Asia IP Experts
- Leading Lawyer in IT & Telecoms – Asia IP Experts
- Trade Mark Star – Hong Kong – Managing IP IP Stars
- IP Star for Trade Mark Prosecution – Managing IP
- IP Star for Trade Mark Office Proceedings – Managing IP
- IP Star for Trade Mark: Strategy & Counseling – Managing IP
- IP Star for Trade Mark: Litigation – Managing IP
- IP Star for Copyright & Related rights – Managing IP
- IP Star for IP Transactions – Managing IP
- Highly Recommended - Trademark Enforcement and Litigation (China and SARS: Hong Kong) – World Trademark Review 1000
- Highly Recommended - Transactions (China and SARS: Hong Kong) – World Trademark Review 1000
- Gold Band - Trademark Enforcement and Litigation (Hong Kong) – World Trademark Review 1000
- Highly Recommended – Individuals: Transactions (Hong Kong) – IAM Patent 1000
- Recommended – Patent: Litigation (Hong Kong) – IAM Patent 1000
- Recommended – Patent: Transactions (Hong Kong) – IAM Patent 1000
- Thought Leader – Who’s Who Legal: Data
- Top 100 Elite Lawyers (Foreign Firms) for China-related business - China Business Law Journal’s A-List
- China's Elite 50 Lawyers (Foreign Firms) - China Business Law Journal’s A-List
- Top 100 lawyers for China – The A-List 2017 – China Business Law Journal
- Expert - Privacy & Data Protection – Expert Guides Best of the Best (Global)
- Expert - Privacy & Data Protection, Hong Kong – Expert Guides: Women in Business Law
- Expert - Patents, Hong Kong – Expert Guides: Women in Business Law
- Expert - Technology, Media & Telecommunications, Hong Kong – Expert Guides: Women in Business Law
- Expert - Trademarks, Hong Kong – Expert Guides: Women in Business Law
- Expert - Best of the Best (Global) – Expert Guides
- Expert - Technology, Media & Telecommunications – Expert Guides
- Leading Lawyer in Sports and Entertainment – Who's Who Legal: Sports & Entertainment and Who’s Who Legal – Compendium Edition
- Expert - Women in Business Law – Expert Guides
- Recommended Lawyer in Intellectual Property – The Legal 500 Asia Pacific
- Recommended Lawyer in TMT – The Legal 500 Asia Pacific
- Expert - Patent – Expert Guides
- Expert - Trade Mark – Expert Guides
- Listed as one of two Hong Kong IP Litigators in Asia IP "50 IP Litigators in Asia"
Selected Quotes
- "She provides sound and timely advice" Chambers Greater China Region
- "She has a good combination of technical know-how and legal knowledge." Chambers Greater China Region
- "Gabriela is very responsive and understands the telecommunication industry in Hong Kong.” Chambers Greater China Region
- "Gabriela Kennedy is very professional and provides sound advice." Legal 500 Asia Pacific
- "Gabriela Kennedy maintains a highly active practice in the IP arena and is well known for her expertise across a broad range of non-contentious and contentious mandates. Her significant experience in handling IP portfolio audits and management mandates coupled with her IP enforcement and commercial IP expertise wins her many instructions from Chinese and international household names." Chambers Greater China Region
- "Gabriela Kennedy is a well-established figure in the market with a wealth of experience in data protection, technology licensing and telecoms. She is frequently engaged by financial institutions, broadcasters, retailers, fashion houses and telecoms providers in both a contentious and a non-contentious capacity." Chambers Greater China Region
- "Gabriela is a trusted expert in the data privacy area. I have no issue appointing her to advise on any data breach incident given her depth of understanding of not just Hong Kong laws, but also other Asia Pacific jurisdictions and GDPR." Chambers Greater China Region
- "She's a powerful presence and leads the practice at Mayer Brown very well." Chambers Greater China Region
- "Gabriela Kennedy is a well-established figure in the market with a wealth of experience in data protection, technology licensing and telecoms. She is frequently engaged by financial institutions, broadcasters, retailers, fashion houses and telecoms providers in both a contentious and a non-contentious capacity." Chambers Greater China Region
- "Gabriela is a trusted expert in the data privacy area. I have no issue appointing her to advise on any data breach incident given her depth of understanding of not just Hong Kong laws, but also other Asia Pacific jurisdictions and GDPR." Chambers Greater China Region
- "She's a powerful presence and leads the practice at Mayer Brown very well." Chambers Greater China Region
- "’She is a very personable and superbly capable lawyer,’ according to one client, while another appreciates that ‘she has quick turnaround.’"– Chambers Greater China Region
- “Gabriela Kennedy is a well-established figure in the market with a wealth of experience in data protection, technology licensing and telecoms. She is frequently engaged by financial institutions, broadcasters, retailers, fashion houses and telecoms providers in both a contentious and a non-contentious capacity. One client remarks: ‘Gabriela Kennedy has deep knowledge and expertise in managing and advising on legal issues in connection with technology transactions that involve the use of cutting-edge technologies.’"– Chambers Greater China Region
- “I wouldn’t ever hesitate to recommend Gabriela Kennedy to any company or creative individual looking to protect their rights in Asia.”– The Legal 500 Asia Pacific
- “I have recommended Gabriela Kennedy many times and others are as impressed and appreciative of her skills, as we are.” – The Legal 500 Asia Pacific (
- “Team head Gabriela Kennedy, who provides ‘sound and balanced advice’, demonstrates prowess in relation to privacy and data security (including in the aftermath of cyber security incidents), as well as media and telecoms regulatory matters.” – The Legal 500 Asia Pacific
- “Gabriela Kennedy has a well deserved reputation for expertise and technical quality in her areas of practice. She provides a sound, balanced view that also takes into account a practical ground-feel for issues.” – The Legal 500 Asia Pacific
- “Gabriela Kennedy has a (well-deserved) solid reputation for expertise and technical quality in her areas of practice. Our clients are very demanding and we want to make sure that we get a sound, balanced view that also takes into account a practical feel for issues – Gabriela is that rare practitioner who can offer such perspectives.” – The Legal 500 Asia Pacific
- “Gabriela Kennedy is a longstanding expert in the region.” – The Legal 500 Asia Pacific
- “Gabriela Kennedy is a well-established figure in the market with a wealth of experience in data protection, technology licensing and telecoms. Clients highlight Kennedy for her 'comprehensive knowledge of Hong Kong and international law on IP, privacy and data security,' as well as her 'ability to apply her knowledge pragmatically to a particular industry.' She is frequently engaged by financial institutions, broadcasters, retailers, fashion houses and telecoms providers in both a contentious and a non-contentious capacity." – Chambers Asia-Pacific
- “Gabriela Kennedy’s reputation in the area is top-notch, bringing tremendous experience having worked with many large multinational clients in the area.” – The Legal 500 Asia Pacific
- "I would say she is excellent, a leader in the area," opines a source, with another interviewee confirming: "She has an excellent profile for TMT and always delivers on the high quality I have come to expect from her." – Chambers Asia Pacific
- "is extremely resourceful and advices us on technology and data protection issues." – The Legal 500 Asia Pacific
- "a renowned general IP practitioner with a soft spot for start-ups at the Hong Kong Science & Technology Park, for whom she proactively develops outstanding patent strategies and enforces patent rights. She has an impressively loyal following of famous multinational companies" – IAM Patent 1000
- “Highly regarded IT lawyer with expert and broad-based knowledge of outsourcing, transactions as well as disputes” – Who’s Who Legal: Data
- "A perspicacious brand strategist with whetted enforcement skills – and a leading light on alternative dispute resolution – she is an IP doyenne." – World Trademark Review 1000
- "Recognised as a leader in IP in the technology space. One respondent says, “she is technically strong and up to date, and she really works hard to get ahead of the curve.”" – Who’s Who Legal: Data
- "Gabriela Kennedy is the lynchpin of the practice and provides ‘very insightful advice’ to clients across a range of TMT matters including data privacy, cloud computing and fintech." – The Legal 500 Asia Pacific
- "It was no surprise to any industry lawyer in Hong Kong to see the TMT Lawyer of the Year go to Gabriela Kennedy, head of Asia IP and TMT at Mayer Brown JSM. Her unrivalled expertise in regional cybersecurity and information protection issues, crossborder data transfers, fintech and IT software attracts a diverse range of clients and projects" – The Asian Lawyer's Asia Legal Awards
- "Clients appreciate: 'She has so much experience and listens very precisely, it was really extraordinary. I felt completely comfortable working with her.'" – Chambers Asia Pacific
- "Gabriela Kennedy is a towering figure in the TMT market, and possesses extensive expertise in data protection matters and domain name issues. She serves an impressive list of high-end clients, covering matters such as data privacy, cloud services and technology agreements as well as e-commerce work. One client declares: "The service she provides knocks your socks off! She is fast-responding and fantastic. She is an expert in her field and is really dedicated." – Chambers Asia Pacific
- "Gabriela Kennedy is on the frontlines; a prominent figure on the Asian IP scene, the strategic thinker has any number of innovative approaches up her sleeve." – World Trademark Review 1000
- "a leading expert in this field, providing excellent service in terms of quality and efficiency” and “sharp and decisive” – Managing IP
- "Kennedy is one of the most well-known lawyers in the market” and with one client describing her as “sharp and decisive” – Managing IP
- "A highly respected IP and IT lawyer, Gabriela Kennedy is considered a major driver of the Hong Kong practice" – Chambers Asia Pacific
- "Sources commend Gabriela Kennedy as a 'quality all-round lawyer in both IP and TMT matters'. 'She knows her practice areas inside out' and working with her is a 'consistently positive experience'. Her 'impressive intellect' and 'ability to think laterally' are cited as chief amongst the reasons why she commands high respect in the market" - Chambers Asia Pacific
Formação Acadêmica
- University of Strathclyde, LLM, with distinction, Information Technology and Telecommunications Law
- The University of Hong Kong, PCLL, with distinction
- Manchester Metropolitan University, CPE (Commendation)
Registros
- England and Wales
- Hong Kong
Idiomas
- Inglês
- Francês
- Italiano
- Português
- Romeno
- Espanhol
Atividades
- Former President, ITechlaw (premier association of technology lawyers)
- Member of Global Board of The Commons Project
- Member of Editorial Board, Global Data Review
- Member of Professional Board, Computer Law & Security Report
- Asia editor, Computer and Telecommunications Law Review
- Member, DotTrademark Policy Committee
- Board Member, Hong Kong Ambassadors of Design Ltd
- Board Member of the International Institute of Communications (Hong Kong Chapter)
- Legal Advisor, Communications Association of Hong Kong Limited
- Co-chair, IP Committee, American Chamber of Commerce in Hong Kong
- Asia Patent Attorneys Association
- International Trademark Association (INTA)
- Hong Kong Institute of Trademark Practitioners
- Domain name panellist, WIPO (including for Legal Rights Objections and Trademark Post-Delegation Dispute Resolution Procedure) – more than 100 decisions rendered so far in a number of languages
- Domain name panellist, Hong Kong International Arbitration Centre and Asian Domain Name Resolution Centre (including for Uniform Rapid Suspension Procedure)
- Arbitrator, Panel of Arbitrators for Intellectual Property Disputes, HKIAC