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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.

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

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.

29 September 2020 - Knowledge

IP Australia updates its fees for trade mark applications

#Intellectual Property

From 1 October 2020, IP Australia will increase fees for online and paper trade mark applications and for hearings through phone, video or in person.

06 May 2020 - Knowledge

A crunchy dispute over peanut butter is smoothly resolved by the Full Federal Court

#Intellectual Property

Last month, the Full Federal Court handed down its decision in the Bega v Kraft[1] saga that has revolved around the ownership and use of the ‘trade dress’ of the peanut butter formally sold by Kraft. The decision of the Federal Court in the first instance was upheld.

22 April 2020 - Knowledge

IP roundup: Key steps for brand owners during COVID-19 and recent trade mark disputes 

#Intellectual Property

We outline some practical steps brand owners should take and be weary of when riding out the COVID-19 storm. Plus a discussion of recent trade mark disputes concerning Australian brand owners.

17 March 2020 - Knowledge

Post-Brexit and what it means for your intellectual property rights

#Corporate & Commercial Law, #Intellectual Property

This article addresses the implications that Brexit may have on your intellectual property rights in the European Union.

18 September 2019 - Knowledge

She’s just not that 'Into You' – Ariana Grande seeks $10 million after snubbing Forever 21

#Intellectual Property, #Technology, Media & Telecommunications

US fashion retailer Forever 21 is facing potential liability of US $10 million following its unauthorised use of popstar Ariana Grande’s likeness, trade marks and copyright material for the purpose of creating a false perception that she endorsed its products.

04 September 2019 - Knowledge

Avoiding ‘Fyre’: Eight key legal issues in running a festival or event

#Competition & Consumer Law, #Intellectual Property, #Corporate & Commercial Law, #Technology, Media & Telecommunications

Running events is not just the domain of music or arts festival organisers. Most businesses will from time to time run conferences, networking and other events. This article provides a checklist of the top issues for consideration.

27 August 2019 - Knowledge

IP contracts must clear new competition hurdles

#Competition & Consumer Law, #Intellectual Property

There are only weeks left before important changes to the long-standing intellectual property exemption from restrictive trade practices come into effect. The latest update from the ACCC outlines the red flags to consider now.