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Intellectual Property

Our primary concern is to provide comprehensive intellectual property advice that protects our clients’ interests.

Intellectual Property

Our Intellectual Property Group works with clients to take early and effective action to protect the engine room of their business before issues arise. We also assist our clients with effective dispute resolution strategies followed up by litigation, if necessary, as an important part of protecting their intellectual property. 

Expertise

We advise clients across a range of sectors, including animation, new media, information technology, construction, wine, clothing, advertising, publishing and finance. We advise them in the following areas:

With business becoming increasingly global, we have forged relationships with specialist law and patent attorney firms both in Australia and overseas so that we can protect our clients’ intellectual property wherever and whenever the need arises.

We also published an in-depth review of Australia's legal framework governing intellectual property and trade marks in the latest Lexology Getting The Deal Through: Trademarks guide.

Lexology GTDT National Expert - Trade marks

Experience

  • acting for a major digital music distribution company, including in connection with the establishment of a joint venture structure, the creation of a music streaming service, the supply of digital audio programming, drafting and negotiating content licences, drafting customer terms and conditions, the development of digital apps and acting on the sale of the company
  • acting for a producer and distributor of educational video content and supplier of a cloud-based educational content platform on various aspects of its business, including international licensing and distribution arrangements and protection of the client’s intellectual property.

Recent Posts

09 November 2022 - Knowledge

The importance of controlling third party use of your trade mark

#Intellectual Property

In this article, we provide an overview on trade mark ownership and how it is important to maintain control if a third party user is involved.

10 October 2022 - Knowledge

Intellectual property rights in the Commonwealth Government – what you need to know

#Government, #Intellectual Property

An overview of how Commonwealth entities may effectively handle and manage its intellectual property.

14 September 2022 - Knowledge

NSW Government Bulletin

#Government, #Intellectual Property

In this edition, we provide an overview of how the NSW Government may effectively handle and manage its intellectual property.

26 July 2022 - Knowledge

When ‘shopping around’ for house plans leads to a breach of copyright

#Intellectual Property, #Dispute Resolution & Litigation, #Property, Planning & Development

A Queensland District Court decision illustrates the danger of homeowners ‘shopping around’ for house plans and builders, and the difficulties the owners of copyright in those house plans face in recovering damages from a breach of copyright.

27 April 2022 - Knowledge

Four-step guide to intellectual property management

#Intellectual Property

We provide a step-by-step overview on how to identify, protect, and manage Intellectual property rights.

23 March 2022 - Knowledge

Temporary vs permanent injunctions in recent Federal Court patent infringement proceedings

#Intellectual Property, #Dispute Resolution & Litigation

Two recent Federal Court cases illustrate very different circumstances in which injunctions – one a temporary injunction restraining unjustified threats of infringement and one a permanent injunction – were considered appropriate.

17 November 2021 - Knowledge

Can a company use a trade mark as parody or satire?

#Intellectual Property, #Dispute Resolution & Litigation

We look at a recent Federal Court decision that confirms using another company’s logo for parody or satirical purposes does not constitute copyright or trade mark infringement.

16 June 2021 - Knowledge

“Prosecco” geographical indication proceeds to registration in Singapore

#Corporate & Commercial Law, #Intellectual Property

In a recent decision on 4 May 2021, the Intellectual Property Office of Singapore (IPOS) found that a geographical indication application for “Prosecco” originating from Italy would be granted, and an opposition by an Australian manufacturer would fail on all grounds.

12 May 2021 - Knowledge

Cop that: Clive Palmer ordered to pay $1.5 million in damages for copyright infringement

#Intellectual Property

The Federal Court has ruled that the Australian politician had infringed copyright of a popular Twisted Sister song in a jingle for the United Party Australia ads at the last federal election.

21 April 2021 - Knowledge

auDA’s new domain name licensing rules

#Intellectual Property

The new .au domain name licensing rules are in force. We set out the new eligibility rules for registering a ‘.com.au’ domain name.

06 April 2021 - Knowledge

Professional gaming — no longer something to 'LoL' about: Some IP implications of the eSports industry

#Intellectual Property, #Dispute Resolution & Litigation

eSports is a booming industry, however, many of the legal issues surrounding eSports are in their legal infancy. In this article, we consider some of the applicable intellectual property rights and their application for both developers and professional gamers.

16 December 2020 - Knowledge

The slow divorce: How will Brexit impact your EU and UK trade marks?

#Intellectual Property

We discuss the impact of Brexit on EU and UK trade marks in the lead up to 1 January 2021, including an overview of key dates and procedures.