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Intellectual Property Disputes

Intellectual property refers to unique information that is owned by a particular business or individual, which they have legal ownership of and the exclusive right to profit from.

Intellectual property disputes often revolve around trade marks and confidential information, and typically arise between employees, former employees, business associates, or competitors.

At PCL Lawyers we regularly advise clients on how to safeguard and assert their valuable intellectual property rights. Additionally, we offer guidance to clients who are alleged to have infringed another persons copyright or intellectual property.

Our team has a wealth of experience handling litigation cases involving intellectual property. We have a proven track record of achieving favourable outcomes for our clients, specifically in the areas of trade marks and confidential information.

When a trademark or intellectual property right is violated, it results in a loss for both the business and the individual.

Intellectual property infringement is a significant issue in Australia, involving unauthorised use of various protected materials. There are several types of Intellectual property as outlined below:

  • Copyright: protecting original works like literature, art, music.
  • Trademarks: safeguarding symbols, logos, phrases for goods/services.
  • Patents: granting exclusive rights to inventions.
  • Design Rights: protecting the appearance of a product.
  • Trade Secrets: protecting confidential business information and trade secrets.

Breach of a parties intellectual property rights can result in significant consequences for the rights holder, causing them financial and reputational loss.

In the event of a dispute, it will become necessary to determine whether the infringement is a copy of all or a substantial part of your intellectual property, such a product, method, or process. The essence of infringement is that the the other party has made an unauthorised use of some or all of the material over which you hold intellectual property rights.

In the case of trademark infringement, the extent of the breach of a parties intellectual property rights will depend on how the mark is used, and whether it is used for goods or services which are substantially similar to the registered trademark, and that the infringing mark is sufficient similar to the registered trademark that it would confuse a consumer about who produces the product or service.

Frequently, a party may demand that you discontinue using the trademark and restrict you from any further violation of their rights. It is noteworthy that the affected innocent party has the right to seek compensation for any damages incurred.

Asserting your rights and preventing others from profiting from your intellectual property is an important key to protecting your business and profits.

There are clear legal avenues for businesses to protect their intellectual rights through a variety of actions. Our team can help you at any stage of an intellectual property dispute from registrations to enforcement, to legal proceedings including injunctions.

Some legal actions to enforce your intellectual property includes:

  • Cease and Desist Letters
  • Legal Proceedings
  • Registering your interest

Injunctions to prevent goods from being imported or soldBecause intellectual property law can be complex, it is important to seek legal advice to determine the infringing products or services comprehensively. An expert can help you determine the extent of any infringement and the best course of action.

It is important to be cautious when claiming your rights have been infringed. Incorrect or unsubstantiated claims can expose you to liability for damages. This highlights the importance of seeking an expert opinion and thorough and accurate legal representation.

Frequently Asked Questions

Contact us

Reach out to us now at 1300 907 335 to connect with an experienced intellectual property lawyer. Alternatively, fill out our enquiry form and we will promptly contact you to confidentially address your specific needs.

To learn more about intellectual property law, please visit our dedicated page. This includes sections on trademarks and confidential information.

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