We assist our clients at the front end with registration and protection of intellectual property, the development and licensing arrangements for that property and, if required, in the enforcement of intellectual property rights which may be in dispute.
Today, intellectual property is one of the biggest assets owned by any business but, it is intangible. Therefore, it is critical to protect it from the increasing threats of infringement. For many businesses, robust protection, licensing agreements and enforcement of their intellectual property rights are all “sink or swim” in the context of maintaining commercial value in their operations.
In Australia, the types of intellectual property can be broadly categorised into copyright, trademarks, patents and designs. The most suitable protections, commercial negotiations and agreements, and legal action for infringement and compensation depends much on the type of intellectual property and the applicable law and practice in this area.
Our team of intellectual property lawyers are experienced in tailoring commercial agreements, licensing arrangements (exclusive and non-exclusive) and infringement protection strategies to your requirements which may include identification, registration and putting in place other appropriate measures of protection, detection of infringement, enforcement of rights, negotiation and, potentially, legal action.
If there is a dispute, we understand that this can negatively affect your time, finances, energy, business, well-being, and your personal and day-to-day life. This is so, particularly when the dispute is in or involves a party or witnesses / evidence in a different state or country, which intellectual property disputes often do. We assist at the front end to avoid intellectual property disputes for you altogether, however, where they can’t be avoided, you can depend on us.
Our team are strong and experienced intellectual property litigators in all Australian state jurisdictions, the Federal Court of Australia, High Court of Australia and, internationally, including in the United States. You want us in your corner!
Principal lawyer and head of our Commercial, Business & Disputes Team, Meghan Warren is admitted to practice as an Australian legal practitioner and as an Attorney-at-Law to the New York State Bar in the United States.
How can we help you?
Experience and skills to help intellectual property owners in:
- Protection and registration of intellectual property (trademark, copyright, patent and designs)
- Advice on business, legal and ownership frameworks and structures to protect your business operations
- Importing and exporting
- Infringement of intellectual property
- Review, advice, drafting and negotiating intellectual property license agreements (non-exclusive and exclusive) and other relevant commercial contracts (both in Australia, United States and other jurisdictions)
- Breach of intellectual property licence and related agreements
- Confidential information and non-disclosure agreements
- Commercial arbitration
- Dispute strategy and planning
- Conflict (including litigation and infringement) avoidance measures
- Risk mitigation strategies
- Alternative dispute resolution (incl. mediation, settlement conferences and negotiation)
- Advice about legal action and remedies open to you and others