Intellectual Property

 

Intellectual property and its protection can be a significant issue for many organisations. Ensuring that intellectual property (IP) rights are appropriately protected – and that any infringements disputes are dealt with effectively and efficiently – can be the key to gaining and maintaining a commercial advantage.

Our IP lawyers work with companies from all sectors to do just that. We aim to identify and implement legal solutions that help our clients make the right decisions to maximise the value of their IP.

We advise on:

  • trade mark portfolio management, prosecutions, registrations and oppositions;
  • commercialisation and licensing of IP, including trade marks, patents and plant breeders rights, and related commercial arrangements such as joint ventures and other commercialisation structures; and
  • disputes, including both enforcing and defending IP infringements and related actions.

Our senior IP lawyers often work with other experts in the firm – including dispute resolution, tax, corporate and commercial and employment specialists – to provide a multidisciplinary approach that delivers seamless commercial solutions.

Experience

  • Advising a super fund on a major rebranding project.
  • Acting for the owner of a well-known trade mark on several matters including: defending a non-use trade mark claim, licensing trade marks internationally including in Brazil, Argentina, the EU, South Africa and New Zealand, advising on trade mark proprietorship issues, and trade mark infringement and enforcement matters.
  • Advising a funds management company on potential passing off and trade mark infringement claims.
  • Defending a well-known importer and distributor in relation to misleading and deceptive conduct claims and copyright infringement, in Australia and New Zealand.
  • Managing high profile copyright infringement litigation between a leading sporting organisation and a leading telecommunications provider against another telecommunications provider. Our client was successful on appeal in the Full Federal Court. Leave to appeal to the High Court was denied.
  • Advising several prominent rights/content owners as part of the Australia Law Reform Commission review of the Copyright Act.
  • Acting for Apple and Pear Australia Limited (APAL) in the Supreme Court of Australia, and successfully appealing the original decision in the Court of Appeal, to defend an option deed for trade mark licensing to Pink Lady America (PLA).

Key contact

Ben Hamilton

Partner

Head of Technology and digital economy

Ben has a range of experience in intellectual property, technology, and commercial matters.

Related thinking

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