We practise exclusively in the field of intellectual property and surrounding commercial law areas.

Niche Expertise

Trade Marks

A trade mark can be your most valuable asset. Consumers identify with a certain quality, reputation or image of that trade mark and recognise it as pointing to the goods and/or services of the brand owner.

Creating a strong brand is therefore an important investment. We work closely with our clients to create tailored brand protection strategies that address their current and future business needs.

Our trade mark services include:

  • Advice on the selection and registrability of proposed trade marks;
  • Conducting trade mark clearance searches to ensure there is no risk of infringement;
  • Devising strategies for difficult-to-register trade marks;
  • Preparation and lodgement of Australian, New Zealand and international trade mark applications;
  • Prosecution of trade mark applications from filing through to registration, including providing advice on objections raised by the Trade Marks Office;
  • Representation in Australian or New Zealand trade mark oppositions and IP disputes;
  • Portfolio management, including ongoing monitoring and surveillance.

For more information on our trade mark services please contact us.

Brand Protection & Anti-Counterfeiting

Counterfeit products, “fakes” or “knock-offs” can have a significant impact on the reputation of legitimate brand owners, depriving them of goodwill and income.

We offer practical and strategic advice on the management and enforcement of brands, including anti-counterfeit programmes operated in association with Australian Customs Border Protection Service that aim to prevent the sale of counterfeit goods in the market by seizing them at the border.

We assist in pursuing importers and traders of counterfeit products through the preparation of Letters of Demand or commencing legal proceedings based on infringement.

We also have a network of experienced private investigators who aid us in pursing retailers of counterfeit products, including wholesalers and on-line traders.

For more information on our brand protection and anti-counterfeit services please contact us.

Copyright, Software & Tech Law

Copyright recognises the skill and labour of an individual in the creation and expression of an original idea and gives that creator exclusive rights to reproduce and commercialise the work, as well as to be recognised as its author.

Copyright law protects a broad range of original materials – including written works, images, photos, drawings, plans, designs, three-dimensional shapes and buildings, sound recordings, films, television and sound broadcasts, software, back-end code and algorithms.

Our copyright services include:

  • Advice on ownership of the copyright in works created for use in connection with your business including: brochures, logos, advertising copy, websites and photography;
  • Aiding the transfer of ownership of copyright works created by independent contractors by the preparation of copyright Deeds of Assignment;
  • Infringement advice and enforcement through copyright infringement proceedings;
  • Advice on Copyright Notices and their effect;
  • Preparation of documentation addressing copyright permissions, including copyright license agreements;
  • Advice on the commercialisation and licensing of software, back-end code and algorithms, including facilitating agreements between co-contributors.

For more information on our copyright services please contact us.

Design Registrations/Industrial Designs

A registered design can be a valuable commercial asset, preventing others from commercially exploiting the features of the design that make up its visual appearance – including shape, configuration, pattern or ornamentation. A registered design provides it’s owner with the exclusive right to exploit that design in the marketplace in respect of the product category in which it is registered for up to 10 years. Our registered design services include:

  • Advice on the appropriateness and possibility of registered design protection;
  • Filing design applications in Australia, New Zealand and internationally;
  • Assessments of infringement and validity of design registrations;
  • Advice on the copyright/design overlap provisions.

For more information on our designs services please contact us.

Patents

A patent protects the concept behind your idea, so long as it’s new, useful and demonstrates an inventive step. If successfully registered, a patent affords its owner exclusive rights to exploit the invention for the lifetime of the patent – usually up to twenty years.  

Our patent services include:

  • Advice on the benefits of seeking patent protection, including the most appropriate type of patent to suit your invention;
  • Advice on the patentability of your invention, including whether it meets the requirements for grant;
  • Performing “prior art” base searches in Australia and internationally to determine whether you idea is novel and inventive/innovation in light of what has come before;
  • Drafting of patent specifications in all areas of technology;
  • Preparation and lodgement of Australian and international patent applications;
  • Prosecution of patent applications from filing through to grant, including addressing any objections raised by Patent Offices both in Australia and internationally;
  • Representation in Australian or New Zealand patent Opposition proceedings and disputes;
  • Portfolio management, including ongoing monitoring and surveillance;
  • Advice on the commercialisation and exploitation of patent rights, including through licensing.

For more information on our patent services please contact us.

IP Disputes & Litigation

Intellectual property is a valuable asset worth protecting. Effectively enforcing and defending your intellectual property rights is an essential element to any IP protection strategy. Only by enforcing your intellectual property rights can you preserve the value that resides in your IP from erosion by an infringer. Our IP Dispute services include:

  • Advising on enforcement options and infringement claims;
  • Advice on the prospects of challenging or defending trade marks in respect of opposition proceedings;
  • Representation in Australian or New Zealand trade mark oppositions and IP disputes;
  • Advising on and negotiating appropriate settlement terms;
  • Preparing Cease & Desist letters and providing representation in pre-litigation negotiations;
  • Full services IP litigation.

For more information on our IP dispute services please contact us.

IP Commercialisation & Licensing

Your intellectual property rights can be leveraged in order to generate tangible benefits. Various commercial models can be used, including multi-party agreements and licences. Our IP Commercialisation services include:

  • Advice on licensing and commercialisation models;
  • Preparation of license agreements, assignment agreements and joint-venture agreements;
  • Conducting IP audits and compiling a register of assets;
  • Advice on perfecting ownership of intellectual property assets.

For more information on our IP commercialisation services please contact us.

Social Media, Advertising & Marketing Law

Social media has disrupted society. The boom of digital social network phenomenon means businesses can rapidly disseminate and publish communications for advertising and marketing purposes. While this change in landscape has brought significant benefits, it has also brought significant risks.

Our Social Media, Advertising & Marketing Law services include:

  • Social Media Policies, including policies for all staff and those authorised to use social media platforms on behalf of the organisation;
  • Social Media Risk Training;
  • Online defamation;
  • Vetting of online promotions, including trade promotions, competitions and events;
  • Advice on electronic marketing and spam considerations;
  • Advice on advertising, endorsement, publicity and sponsorship considerations.

For more information on our Social Media, Advertising & Marketing Law services please contact us.

Domain Names, Online & eCommerce

Our Domain Name, Digital & Online services include:

  • Domain Name Searches, Registrations, Assignments and Transfers;
  • Representation in Domain Name Disputes;
  • Internet Take Down Notices, including for websites and store listings on EBay, Amazon and the like;
  • Website Terms & Conditions, including online retail terms and App end-users;
  • Online Privacy Policies;
  • Drafting eCommerce terms of trade for online retailers;
  • Software Application Development Contracts & Agreements;
  • Advice on creation and maintenance of digital assets portfolios;
  • Digital asset portfolio management.

For more information on our Domain Name, Digital & Online services please contact us.