Intellectual Property

What is intellectual property?

Intellectual property is a type of intangible asset.  It includes a variety of legal rights (such as trademarks, copyrights, patents and confidential information) that protect against other people ‘ripping off’ your creative endeavours, including inventions or branding.  It can be quite valuable to your business, so it is important to keep it protected.

We are able to assist in relation to:

  • General advice regarding intellectual property rights
  • Business name applications
  • Advice for protecting confidential information (e.g. in contracts, deeds of restraint or shareholder agreements)
  • Trademark applications and oppositions both in Australia and overseas
  • Domain name disputes

 

Trademarks

A trademark is a brand name or logo used to identify and distinguish your goods from competitors’ products.  It is important firstly to choose a mark that is distinctive and not already used by other parties, and then to apply for registration.  Registration confers a number of important benefits:

  • Being on an official public register deters other parties from infringing on your trademark
  • If another party infringes your trademark, powerful statutory remedies are available such as injunctions or account of profits
  • Right to use the symbol ® or “R” or word “Registered” with your trademark
  • A registered Australian trademark can be used as the basis for overseas trademark applications

We have experience in:

  • Conducting searches and giving advice on proposed trademarks
  • Trademark applications, both Australia and overseas
  • Trademark oppositions, both Australia and overseas
  • Trademark disputes in general

 

Domain name disputes

A domain name is the technical term for the name of a website.  When domain names are registered, both the name and the registrant must comply with certain eligibility criteria which may differ between jurisdictions.  A domain name dispute occurs where two parties disagree on who has the proper right to use a particular domain name.  There are specific dispute resolution procedures for resolving such disputes, and we can advise you in such disputes.

 

Please do not hesitate to contact us if you have enquiries in relation to the above types of matters.