As Dundas Lawyers®, we provide expertise in aspects of strategy, right protection and enforcement for your businesses patented and branded products. Our team combines both technical knowledge and experience with matters of copyright enforcement, protection and compliance for businesses with patented and branded products.
Our expertise includes, but is not limited to, advising on:
- literary works;
- computer code;
- compilations of data;
- artistic works;
- dramatic works;
- musical works; and
- moral rights.
What is copyright?
In Australia copyright is governed by and subsists because of the Copyright Act 1968 (Cth). Only the owner of the works in which copyright subsists, has the exclusive right to reproduce, publish and communicate it to the public. Copyright laws seek to protect misuse of the owner’s copyright in a work from exercising those rights.
What is confidential information?
Confidential information (Confidential Information) is a broad term that covers information, that is disclosed to another party in business dealings, that is generally not available to the public. There is no defined category or definition of Confidential Information, rather a variety of criteria must be considered to determine if information should be deemed confidential.
What is a trademark?
In Australia, trademarks are governed by the Trademarks Act 1995 (Cth) and may come in the form of a recognisable sign, design, or expression that identifies a product or service from a particular source and distinguishes it from others.
What is a patent?
The patent system in Australia is governed under the Patents Act 1990 (Cth) (Patents Act) and presided over by government organisation, IP Australia (IP Australia). To protect an invention in Australia you are required to have it registered by the patent office at IP Australia with the registration to be renewed on an annual basis.
What are registered designs?
Designs encapsulate the overall appearance of a product and can primarily be protected by copyright. However, where a three-dimensional design is in industrial or commercial use, copyright protection no longer applies and such designs need to be registered in order to be protected.
Why choose Dundas Lawyers®?
Having exerted Blood Sweat and Years® since April 2010 we are the team you want on your side for the long term to act as the ‘bodyguard’ for your business and patented and branded products. Some of the reasons clients choose Dundas Lawyers® include:
- our Uncommon business acumen;
- our Uncommon expertise in transactional, compliance and litigious matters;
- our Uncommon expertise forensic case preparation;
- our Uncommon customer focus;
- the fact that we don’t just know law, we know business!
- how we leverage our Uncommon Nous® to provide client centric solutions.
Considering getting a lawyer to advise your business?
For a confidential, no obligation initial telephone call to find out how we can help your business gain an uncommon advantage in the protection and enforcement of rights associated with patented and branded products, please phone our team on either 1300 386 529 or 07 3221 0013.
Malcolm Burrows B.Bus.,MBA.,LL.B.,LL.M.,MQLS.
Legal Practice Director
T: +61 7 3221 0013 (preferred)
M: +61 419 726 535
E: mburrows@dundaslawyers.com.au
Legislation
Recent insights for patented and branded products
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Understanding contributory liability in patent infringement
In Australia, the Patent Act 1990 (Cth) provides protection for inventors by preventing others from using, making, or selling patented inventions without permission. The Act also extends liability to parties that are not directly infringing patents but may contribute to or enable patent infringement by supplying a product.
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Updated USPTO guidelines on AI assisted inventions
In response to the Biden administration’s Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence on 30 October 2023, which outlined policies and principles to promote responsible Artificial Intelligence innovation and competition, the United States Patent and Trademark Office (USPTO) issued inventorship guidance for artificial intelligence (AI) assisted inventions. These…
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Australian Court: AI can’t be “inventor” in Australian patent
The Federal Court of Australia has made a groundbreaking ruling on the patentability of works created by Artificial Intelligence. Explore the implications of this decision and what it could mean for the future of patent law.
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Trade mark infringement – the good faith defence
Navigating trade mark law can be difficult. This article explains the good faith defence and what circumstances must be fulfilled for it to be available, as well as relevant case law and further info.
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Case study – intellectual property protection structures
Protect your valuable intellectual property and secure revenue for product development. Learn how Dundas Lawyers can help you create an intellectual property protection structure with potential benefits for your business.
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Is AI recognized as an inventor under the Patents Act 1990?
The ruling of Thaler v Commissioner of Patents [2021] FCA 879 has opened the door for artificial intelligence-created inventions to be eligible for patent protection. Learn more about the implications of this groundbreaking decision.
Recent Federal Court decisions regarding patented and branded products
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ToolGen Incorporated v Fisher (No 2) [2023] FCA 794
PATENTS – appeal against decision of delegate of Commissioner of Patents upholding opposition to patent application (“PA”) for compositions and methods using the CRISPR/Cas9 system for genome editing in eukaryotic cells – identity of person skilled in the art (“PSA”) – whether PSA comprises a team including a microbiologist with expertise in CRISPR/Cas system in…
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Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents [2022] HCA 29 (17 August 2022)
Patents – Invention – Manner of manufacture – Where appellant manufactured electronic gaming machines (“EGMs”) – Where appellant owned four innovation patents concerning various embodiments of EGM – Where specification described claimed invention as combination of player interface, being physical features of EGM, and game controller, being computerised components interacting with player interface to implement…
