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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

30 October 2024 - Knowledge

Trade mark lessons from Hemmes Trading v Establishment 203: Registration, reputation and reasonable diligence

#Trademark and Brand Management, #Intellectual Property

A recent case between two hospitality companies using similar names for their venues highlights three important lessons in trade mark and brand protection for all businesses.

06 December 2023 - Knowledge

Maintaining the health of your brand names and trade marks

#Trademark and Brand Management, #Intellectual Property, #Corporate & Commercial Law

Conducting regular ‘health checks’ of a business’ trade mark portfolio and strategy is critical to brand protection.

06 June 2023 - Knowledge

'Greenwashing': A caution to trade mark owners

#Intellectual Property

The recent crack-down on “greenwashing” has seen business owners considering the potential impact on trade marks used to promote environmental credentials of goods and services.

03 May 2023 - Knowledge

Privacy and AI – what are the risks?

#Technology, Media & Communications, #Data & Privacy, #Intellectual Property

We look at the hidden privacy risks associated with the use of AI models and why you should exercise caution before sharing your personal details.

19 April 2023 - Knowledge

NSW Government Bulletin

#Government, #Intellectual Property

In this edition, we explore AI technology, its impact on IP law, in particular to copyright and patents, and its relevance to government.

19 April 2023 - Knowledge

How to assess trade mark infringement claims and deceptive similarity

#Intellectual Property

We look at the set of principles used by the High Court in Self Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd [2023] HCA 8 to assess ‘use as a trade mark’ and ‘deceptive similarity’ in an infringement claim.

21 March 2023 - Knowledge

Australia-China cross-border business collaborations in 2023 – key policy considerations

#Corporate & Commercial Law, #Intellectual Property

Recent policy and regulatory updates in China and Australia highlight key strategies that will impact cross-border collaborations and investment, particularly in the technology sector, throughout 2023 and beyond.

19 January 2023 - Knowledge

NSW Government Bulletin summer edition: Navigating public sector risks and threats

#Government, #Administrative Law, #Intellectual Property, #Workplace Relations & Safety

In this special edition, we explore ways in which the public sector can navigate through some of the risks and threats facing government this year.

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.