Intellectual Property

When you create a copyright work, a new software, an industrial design, or a new product, you need the advice of an Intellectual Property lawyer on the best way to protect, commercialise, and enforce your intellectual property rights in IP assets, including copyrights, trademarks, design rights, and trade secrets. Our IP and copyright lawyers in Sydney can advise and assist you in managing IP law issues, including enforcing your IP rights against counterfeits and false advertising.

Stevensen Business Lawyers provide multi-faceted and customised solutions to protecting valuable IP assets. We can oversee the advancement and protection of your rights, including through copyright, trademark registration, design registration, domain names, or Australian business names.

Our services in this area include the following:

INTELLECTUAL PROPERTY RIGHTS PROTECTION & BRAND PROTECTION

In addition to overseeing the registration of your trademarks with IP Australia, we can guide you through the process of design registration for your product shapes. We can also advise on your copyright over written material or software code created or commissioned by you.

Where a non-employee has contributed to the creation of a valuable IP asset, we can prepare a contract recording the commercial arrangement between you, such as a royalty, licence, or assignment agreement.

If you intend to commercialise or distribute an invention, SBL can work with patent attorneys to simplify the process of registering a patent.

TRADEMARK REGISTRATION OVERSEEN BY AN IP LAWYER

SBL can oversee and manage your application to IP Australia for registration of your logo, Australian business name, or the packaging of your product.

Unlike some suppliers of trademark registration services, our experience and knowledge extends well beyond the trademark registration process through to trademark litigation and contracts to protect your intellectual property interests.

We can provide you with peace of mind with a holistic approach to the legal protection of your valuable brand assets. SBL can help you develop an overall strategy for the protection of your brand, logo designs, and packaging. Trademark registration in Australia might be just your first step to worldwide distribution.

TRADEMARK INFRINGEMENT CEASE AND DESIST LETTER

We can prepare a Cease and Desist Letter on your behalf if another trader has infringed your Australian registered or unregistered trademark, such as when a rival trader copies your get-up, branding, or advertising, or falsely represents that they are associated with your business.

We can also advise and undertake your defence if you receive a Cease and Desist Letter.

COMMERCIALISATION OF YOUR INTELLECTUAL PROPERTY RIGHTS

Our IP lawyers can help you protect and commercialise your copyright or industrial design rights by negotiating and preparing a range of contracts with end-users of your material, such as exclusive or non-exclusive IP Licensing Agreements or Intellectual Property Assignment Agreements.

To optimise commercialisation of your new product’s IP, we can prepare Manufacturer Agreements, Merchandising Agreements, or Distribution Agreements, or we can review the contract proposed by the manufacturer, merchandiser, or distributor and negotiate its contents on your behalf.

LEGAL HELP TO RESOLVE A TRADEMARK DISPUTE OR OTHER IP LAW DISPUTE

We advise and represent clients in intellectual property disputes, including:

  • Starting proceedings opposing the proposed registration of a trademark similar to your branding;
  • Defending businesses against accusations of passing-off or misleading and deceptive conduct under the Australian Consumer Law;
  • Defending businesses against allegations of trademark infringement or copyright infringement;
  • Advising and representing owners of branding, copyright, or trademarks to protect their IP assets and enforce their intellectual property rights against copycats and counterfeits, including:
    • applying for urgent court injunctions to freeze assets or stop sales of infringing items; and
    • bringing court proceedings against infringers of IP rights seeking damages to cover direct losses or accounted for profits made by the infringer.

For further information on how Stevensen Business Lawyers can help you protect and enforce your intellectual property rights, please contact us. In the meantime, see our Blog articles on Intellectual Property and Commercial Litigation.

Frequently Asked Questions

FAQ

If you own a logo design, a well-known brand name or other brand assets, copyright materials, or registered trademarks, and a “copycat” has counterfeited your materials or products, some of the things to consider to enforce your intellectual property rights against them include:

  • Your lawyer preparing a Cease and Desist Letter against the infringers setting out the allegations of trademark infringement or copyright infringement, passing off for misleading and deceptive conduct under the Australian Consumer Law;
  • Applying for urgent court injunctions to freeze assets or stop sales of infringing items;
  • Bringing court proceedings against infringers of IP rights seeking damages to cover direct losses or accounted for profits made by the infringer.

If you have received a Cease and Desist Letter or been served with court papers, we suggest you contact us today.