INTELLECTUAL PROPERTY LAW
INTELLECTUAL PROPERTY LAW
Intellectual Property (IP) is a right or asset that vests in a person when something new or original is created. Intellectual Property can comprise a design, an invention or idea, literary and artistic works, a symbol, name or logo or image used in commerce (ie. trade mark). The Commercial Team at Brydens Lawyers can assist to resolve any Intellectual Property (IP) disputes, as well as inform you of your IP rights, and IP laws surrounding patent, copyright or trademark infringement.
TYPES OF INTELLECTUAL PROPERTY
Intellectual Property law in Australia makes clear distinctions between the different types of Intellectual Property rights. Among the types of Intellectual Property rights that individuals and businesses may claim upon the creation of something original are:
Rights that protect inventions such as devices and substances, or a process or method that is innovative and useful
Rights that protect the use of literary and artistic works, music, film, sound recordings, films and computer programs.
Rights that protect branding devices such as logos, phrases, words, shapes, symbols, sounds etc.
Rights that protect the general visual appearance of new products and items which can include a combination of shape, pattern, configuration and colour. E.g. a distinctive video game character.
Circuit layout rights
Rights that protect layout designs or plans of electronic components in integrated circuits and computer chips.
Plant Breeders rights
Permit exclusive commercial rights over new plant varieties.
ARE YOU ELIGIBLE TO MAKE AN INTELLECTUAL PROPERTY CLAIM?
If your Intellectual Property has been infringed or your right to use Intellectual Property is being challenged, you should contact Brydens Lawyers for expert advice on Intellectual Property laws. Our Commercial Team can assist you to protect your reputation, your ideas, your invention or anything else of originality to prevent infringement and deter misuse.
WHY ARE BRYDENS LAWYERS THE RIGHT REPRESENTATION FOR YOU?
Gain a competitive advantage with Brydens Lawyers. Our Intellectual Property lawyers have the necessary expertise and experience in copyright protection, patent law, trademarks and other areas of Intellectual Property protection to assist you in protecting your Intellectual Property rights, resolve Intellectual Property disputes, and reduce legal risks for individuals and Australian businesses.
Brydens Lawyers can also assist those who are allegedly misusing another party’s Intellectual Property by engaging in negotiation and/or dispute resolution.
Whether it is a matter of seeking legal protection over Intellectual Property infringement allegations, wanting to know how to protect your Intellectual Property rights, or obtaining a registered trade mark for your intellectual creation, Brydens Lawyers are here to assist you.
Our team have experience when it comes to all elements surrounding IP rights, patent, trademark or copyright infringement, IP disputes and IP laws.
WHAT ARE YOU ABLE TO CLAIM AND HOW CAN I RESOLVE MY DISPUTE?
If your Intellectual Property has been infringed, you may seek a Court order for the purpose of recovering financial compensation (damages) from the party who has infringed your Intellectual Property.
If your Intellectual Property is being misused, it is also possible to seek an injunction from
the court to stop the other party misusing your Intellectual Property.
An account of profit is another remedy available to be ordered by the Court whereby the infringer is required to account for and, if appropriate, transfer the profits made from the infringing conduct to the owner of the Intellectual Property.
You may also wish to consider granting the infringer of the Intellectual Property a licence allowing them to use the Intellectual Property upon making payment of a royalty to the owner of the Intellectual Property.
Prior to going to court, you may wish to consider alternative dispute resolution so as to avoid the legal expenses involved in any litigation.
WHAT IS YOUR NEXT STEP?
Contact Brydens Lawyers to arrange a consultation to discuss your Intellectual Property matter.
WHEN SHOULD YOU CONSULT BRYDENS LAWYERS?
You should consult Brydens Lawyers if:
– You wish to take action to prevent a party from infringing or continuing to infringe your Intellectual Property
– Someone has alleged you are infringing their Intellectual Property
– You wish to prevent a party from disclosing your confidential information or trade secrets
– Someone has alleged you have disclosed their confidential information or trade secrets
– You require advice in relation to commercial arrangements for the purchase, sale, assignment or licencing of Intellectual Property
– You require preparation of contracts and other documentation to give effect to arrangements relating to Intellectual Property
– You wish to register a trade mark so as to hold the exclusive right to use, licence and sell a mark.
BRYDENS INTELLECTUAL PROPERTY LAWYERS SYDNEY: WE DO INTELLECTUAL PROPERTY LAW WELL.
As one of Sydney’s highly professional and reputable law firms, Brydens Lawyers has the expertise and experience in all things trademark, patent protection, trade secrets, copyright law and more. We have extended our Intellectual Property services to numerous owners throughout our local community and businesses in Australia.
Brydens Lawyers have assisted the owners of Intellectual Property register their logos and trademarks for protection. Brydens Lawyers has also assisted small and medium business owners to grant licences to others for the use of their Intellectual Property on mutually agreeable terms.
Omar Khan of Brydens Lawyers resolved everything quickly and looked out for my interests every step of the way. I’m very satisfied with how things played out and will definitely be contacting them if I need help again.
Paul M, a client of our Commercial division.
I cannot say enough of my lawyers Omar- he listened and gave simple answers so I could understand. Most importantly, he showed empathy when I was distressed.
Lisa O, a client of our Commercial division.