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IP Solicitor

IP Law

Litigation

Copyright Law

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IP INTELLECTUAL PROPERTY LITIGATION

LAWYER HELPLINE: 1800

Intellectual property litigation arises where there is a breach of one persons rights relating not to physical items but to creations of the mind including inventions, literary and artistic works, symbols, names, images and designs used in commerce. This area of law is complex and it can be difficult to establish true ownership of ideas. The areas of law covered include trademarks, copyright, designs, patents and restrictive covenants and contracts relating to trade secrets and confidential information. By obtaining protection under the law the owners of valuable ideas are given “exclusive rights” to develop and benefit from the relevant property, however exclusive rights pertain only to the way or form an idea or invention is expressed or transmitted.

Protective Legislation

There is legislation in Australia which is designed to protect rights to ideas that are not easily tangible. Breach of the protection by a third party will result in intellectual property litigation aimed at stopping the third party from exploiting protected ideas by means of an injunction and by awarding compensation for any losses that the protected party may have sustained :-

    Copyright

    This gives the property owner the exclusive legal rights to reproduce or change their work for a specified period of time. If someone breaches copyright, legal action may be pursued. Breach of copyright may result in intellectual property litigation for manipulating copyrighted work or unsanctioned reproduction of creative materials for financial gain.

    Patent Law

    This provides protection of an invention which is defined as a creative concept, product or machine that performs a specific task. In order to obtain a patent the invention should be able to stand as a new conceptual enterprise. Patenting a new conceptual enterprise entitles the patent holder to market and profit from sales of the invention. Patent law also protects the individual from competitors doing the same thing for a specified period of time.

    Trademark Law

    This legislation protects a business name or brand names associated with a business which may be important due to customer loyalty based on a specific brand or name. If a competitor attempts to market themselves using a similar name, in order to deceive customers, they may be violating trademark law if your business has obtained a trademark on the brand or business name. Without a trademark, a competitor may pose a significant threat to the well being of your business by registering the business or brand name for themselves.

    Protective Mechanisms

    Protective mechanisms are also involved under intellectual property law. For example, industrial design rights provide protection for the design or appearance of a product. For finance and commerce, trade secret protection is an important protective mechanism which provides legal protection for sensitive information that must remain undisclosed.

Global Protectionism?

This area of law provides incentives for those capable of developing new commercially viable concepts. It ensures that the transmission of original ideas and innovations are legally protected. Critics claim that it enables knowledge to be constrained and inaccessible. In a globally competitive market, it is unlikely that realistic challenges to effective intellectual property law could exist.

LAWYER HELPLINE: 1800




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