Intellectual Property Litigation

Intellectual Property Litigation - Dundas Lawyers

Intellectual property (IP) is important business asset with many organisations going to great lengths to identify, create and protect it.  Infringement and IP theft is also on the rise so it would seem fair to say that IP is a business battleground where the fight for competitive advantage is won or lost. Dundas Lawyers has experience identifying, enforcing and defending intellectual property rights and has acted for companies to protect and defend their intellectual property rights inside and outside of the courtroom.

With a background in the creation and commercialisation of intellectual property as a foundation, Legal Practice Director, Malcolm Burrows, understands the commercial realities faced by parties to intellectual property litigation.  Dundas Lawyers, while fighting hard to advance and protect the interests of its clients, also seeks to resolve disputes in a commercial and business-savvy way, provides its clients with the best legal and commercial outcome possible.  We adopt a multidisciplinary approach to strategic intellectual property litigation.

Specialised areas of intellectual property disputes

Dundas Lawyers specialises in intellectual property disputes relating to the ownership or enforcement of rights existing in:

  • confidential information;
  • copyright;
  • domain names;
  • patents (infringement and revocation);
  • registered designs; and
  • trade marks.

Dundas Lawyers also advises clients on related causes of action that are often associated with intellectual property including allegations of tortious (such as passing off) or statutory (such as misleading and deceptive conduct under the Australian Consumer Law).

Experience

Dundas Lawyers advises a wide range of clients, from individuals to multinationals and ASX Listed entities including those located outside Australia.  We have experience acting for clients in relation to confidential information, copyright, trademarks, patents and registered design matters in the Federal Court of Australia and the Supreme Court of Queensland.

Contact Us About Enforcing Your IP Rights

Need more information on how to enforce your IP rights? Complete the form below and we will get back to you.
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Decided cases

Gardner Industries Pty Ltd as trustee for the S M Gardner Family Trust v Telstra Corporation Limited [2021] FCA 294
Campbell v Sutherland [2020] FCA 765 (25 May 2020)
Hill & Smith Holdings PLC v Safe Barriers Pty Ltd (No 2) [2020] FCA 8 (8 January 2020)
Hill & Smith Holdings PLC v Safe Barriers Pty Ltd [2018] FCA 1882 (27 November 2018)
Multisteps Pty Ltd v Specialty Packaging Aust Pty Ltd [2018] FCA 587 (2 May 2018)
Motorcycle Aftermarket Spares Pty Ltd v Tamworth Cycle Tune Pty Ltd [2014] FCA 1433 

Recent articles on intellectual property disputes

Copyright law
Accessory liability for copyright infringement
How much copying results in copyright infringement?
Palmer breaches copyright – liable for $1.5m AUD in damages
Section 115A of the Copyright Act – Infringement outside Australia
Website blocking orders – what has to be proven?

Confidential information
Know-how versus confidential information
What is the springboard doctrine?

Software litigation
Encompass Corporation Pty Ltd v Infotrack Pty Ltd [2019] FCAFC 161
Software litigation – how much evidence is enough?
The legal test for copying of a substantial part of computer code

Trademarks

Calculating an account of profits in trademark infringement cases
Unjust threats of trademark infringement

Patents
Can artificial intelligence be the inventor of a patent?
Indirect patent infringement – lessons from Quaker Chemical
Preliminary discovery granted in patent proceedings
What is the proposed ‘patent box’ tax incentive?
What is a registered design?

Recent IP cases

  • Interlocutory application for TM Infringement
  • Breach of obligation of confidence in both the Queensland Supreme Court and the Federal Court of Australia.
  • Disputed ownership of patents’
  • Patent infringement;
  • Alleged breaches of contract relating to confidential information.
  • Advising on issues arising in a software development dispute outside Queensland.

Further information

If you need further information regarding an intellectual property dispute or the strategy regarding a pending dispute, please contact me for an obligation free and confidential discussion.


Malcolm Burrows
B.Bus.,MBA.,LL.B.,LL.M.,MQLS.
Legal Practice Director
Telephone: (07) 3221 0013 (preferred)
Mobile 0419 726 535
Email: mburrows@dundaslawyers.com.au

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