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intellectual property protection

Intellectual property lawyer

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Our Brisbane based Intellectual Property Lawyers have extensive experience working with businesses of all sizes to identify and protect and their intellectual property rights in copyright, trademarks, patents, registered designs and trade secrets.  Identifying and protecting a business’s intellectual property is the essential first step, maintaining its uniqueness and protecting and enforcing your businesses rights will involve intellectual property litigation.  We also work with businesses to protect their confidential information and trade secrets.

We understand intellectual property rich businesses because we have started them, acquired them, run them, and sold them.  With our background in successful entrepreneurial business and front-line experience in innovation and IP-led ventures, we are perfectly placed to help such businesses to effectively commercialise their IP and scale.  We get IP because we’ve lived it.  Whether you are looking to leverage your businesses intellectual property or protect it because it’s been infringed, Dundas Lawyers® has you covered.

What exactly does an IP Lawyer do?

A concise definition of ‘intellectual property’ is challenging and something that is not universally accepted.  It is thought of conceptually as a form of property that flows from intellectual activity.  That said, Intellectual Property or “IP” is much more than copyright, trademarks and patents. It encompasses law enshrined in common law, various statutes, and also includes confidential information, registered designs, the tort of passing off, misleading and deceptive conduct and plant breeder’s rights.  Related rights include exploitation of intellectual property through licensing, commercialisation and rights to register domain names.

Registered designs

At Dundas Lawyers®, we understand identifying and protecting registered designs can be critical for business success.  Dundas Lawyers® has experience identifying, enforcing and defending registered designs and has acted for businesses inside and outside of the Courtroom. What is a registered…

Continue Reading Registered designs

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 is presided over by the 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.

Secure email communications

For clients that are conscious about the security of their data, we can provide ‘secure encrypted email communications’.  We value client confidentiality and are happy to provide this service on request.

Disclaimer
This page contains general commentary only about intellectual property protection.  You should not rely on the commentary as legal advice.  Specific legal advice should be obtained to ascertain how the law applies to your particular circumstances.

Our intellectual property services

  • Drafting commercial contracts to commercialise intellectual property including all sorts of licences;
  • working with intellectual property rich businesses to protect their intellectual property;
  • implementing physical control measures to protect intellectual property;
  • conducting and reporting on intellectual property audits; and
  • advising on commercialisation and transactions involving technology transfer.

Industry expertise

Our intellectual property services are particularly relevant to the following industry sectors:

Why choose Dundas Lawyers® as your Intellectual Property Lawyer?

Having exerted Blood Sweat and Years® since April 2010 we are the team you want on your side to protect your businesses intellectual property.  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 in 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 on IP Issues?

For a confidential, no obligation initial telephone call to find out how we can help your business gain an uncommon advantage in intellectual property protection 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

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Legislation – intellectual property

Recent insights about IP law

  • intellectual property litigation
    Cross-border licensing – Maxim Media Inc. v Nuclear Enterprises

    The Federal Court decision in Maxim Media Inc. v Nuclear Enterprises Pty Ltd [2024] FCA 1443 involved an interlocutory application seeking injunctive relief by Maxim Media Inc. and Maxim Inc. (together, Maxim) (Applicants) for alleged breaches of sections 18 and 29 of the Competition and Consumer Act 2010 (Cth), passing off and infringement of a…

  • IP Australia adopts Madrid Goods and Services list

    From 26 March 2024, IP Australia has implemented the internationally recognised Madrid Goods and Services list (Madrid List), replacing the AU Goods and Services Picklist.[1]  The adoption of the Madrid List comes as Intellectual Property Australia (IP Australia) seeks to align the Australian classification standards with the other intellectual property offices around the world.

  • Intellectual property protection
    Use of the © (copyright) symbol

    It is something that is often overlooked, however it is considered best practice to add a copyright statement and the little © symbol (Copyright Statement) on any literary or artistic works (Works) that a business publishes and asserts that it owns.  Under Australian law, the “material form” of all original Works is automatically protected by…

  • Intellectual property protection
    IP Australia guidelines for trade mark classification

    There has been a surge in trade mark applications in the digital space, notably concerning virtual goods, virtual environments such as the metaverse, NFTs, and the blockchain according to observations made by IP Australia.  This article discusses the things to consider when selecting the classification(s) for virtual goods and services when filing an application for…

  • Intellectual property protection
    Ed Sheeran wins “Shape of You” copyright infringement lawsuit

    This article examines the legal test for copyright infringement in Australia, using Ed Sheeran’s Court case in the UK as an example. Find out how the Courts determine when a song is a copy of another and what the implications are for musicians.

  • artificial intelligence
    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.

  • IP Litigation
    Use of competitors trade marks for comparative advertising

    Comparative advertising can be a powerful tool, but it must be done within the bounds of the law. Learn more about the legal implications of comparative advertising in Australia, including the case of GlaxoSmithKline Australia Pty Ltd v Reckitt Benckiser (Australia) Pty Limited (No 2) [2018] FCA 1.

  • Intellectual property protection
    Ex-employees and IP protection

    Ex-employees can be a threat to a company’s intellectual property, but with the right contractual clauses, employers can protect their trademarks, copyright, patent, and design. Learn more about how to safeguard your company’s intellectual property.

Recent Federal Court decisions regarding intellectual property (IP)

  • Harlech Enterprises Pty Ltd v Beno Excavations Pty Ltd [2024] FCA 639

    PRACTICE AND PROCEDURE – where applicant previously worked for respondent and had access to respondent’s confidential information / intellectual property – where applicant seeks redactions to discovered documents – where parties are competing trade rivals – Recent cases about confidential information Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca0639For more information, see the original judgement.

  • Bing! Software Pty Ltd v Bing Technologies Pty Limited (No 4) [2024] FCA 607

    PRACTICE AND PROCEDURE – Application to set aside order under r 39.05(f) of the Federal Court Rules 2011 – Where order entered in favour of the applicant – Where the applicant is no longer trading – Where the trademark is no longer registered – Where no benefit derived from the order – Where all parties…

  • Vitaco Health IP Pty Ltd v AFI Cosmetic Pty Ltd (No 3) [2024] FCA 598

    PRACTICE AND PROCEDURE – application for default judgment pursuant to r 5.23(2)(c) and/or (d) of the Federal Court Rules 2011 (Cth) – where the respondents have failed to comply with court orders and failed to appear – allegations of trade mark infringement, misleading and deceptive conduct and passing off – where marks were used by…

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