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Intellectual Property

Our primary concern is to provide comprehensive intellectual property advice that protects our clients’ interests.

Intellectual Property

Our Intellectual Property Group works with clients to take early and effective action to protect the engine room of their business before issues arise. We also assist our clients with effective dispute resolution strategies followed up by litigation, if necessary, as an important part of protecting their intellectual property. 

Expertise

We advise clients across a range of sectors, including animation, new media, information technology, construction, wine, clothing, advertising, publishing and finance. We advise them in the following areas:

With business becoming increasingly global, we have forged relationships with specialist law and patent attorney firms both in Australia and overseas so that we can protect our clients’ intellectual property wherever and whenever the need arises.

Experience

  • acting for a major digital music distribution company, including in connection with the establishment of a joint venture structure, the creation of a music streaming service, the supply of digital audio programming, drafting and negotiating content licences, drafting customer terms and conditions, the development of digital apps and acting on the sale of the company
  • acting for a producer and distributor of educational video content and supplier of a cloud-based educational content platform on various aspects of its business, including international licensing and distribution arrangements and protection of the client’s intellectual property.
Dan Pearce

Dan Pearce

Partner

Melbourne

More info
Paul Venus

Paul Venus

Managing Partner

Brisbane

More info
Toby Boys

Toby Boys

Partner

Brisbane

More info

Recent Posts

19 March 2019 - Knowledge

Intellectual property exemption from competition laws repeal looms

#Intellectual Property, #Competition & Consumer Law

Businesses that assign or license intellectual property (IP) rights will soon have to comply with further competition laws under the Competition and Consumer Act 2010 (Act).

18 March 2019 - Knowledge

R&D tax incentive crackdown

#Intellectual Property

Recent government guidance has clarified research and development tax incentive requirements.

31 January 2019 - Knowledge

McDonald’s loses Big Mac trademark fight

#Intellectual Property

A recent decision against McDonald’s confirms that sufficient evidence is needed to win trademark disputes.

31 January 2019 - Knowledge

ACCC moves to approve tobacco-free certification trademark

#Competition & Consumer Law, #Intellectual Property

The ACCC has moved to allow an Australian-based charity to register certification trademarks that show that financial institutions’ and fund managers’ investments are tobacco-free.

15 January 2019 - Knowledge

New year sees changes to the duration of copyright

#Intellectual Property

As we head into 2019, creators should be aware of recent changes to the duration of copyright protection in Australia, primarily with respect to unpublished works.

22 March 2018 - Knowledge

Lessons in brand protection: A battle that brewed in Australian craft beer litigation

#Intellectual Property

Using terms in your branding that have a ‘descriptive’ quality i.e. that do not distinguish your product from other traders, can later be problematic when you want to stop other traders from using...

16 May 2017 - Knowledge

Apples, Pears and Pink Ladies

#Intellectual Property

Where an agreement containing an intellectual property licence is terminated prior to the expiration of the licence, the licence itself may not necessarily terminate...

21 December 2016 - Knowledge

Federal Court ruling acts as a warning against copyright infringement

#Intellectual Property

Roadshow Films Pty Ltd v Telstra Corporation Ltd [2016] FCA 1503 (Roadshow) On Thursday 15 December 2016, the Federal Court ordered Australias largest internet service providers (ISPs) to block the st...

24 August 2016 - Knowledge

Trade marks update: IP Australia announces new fees for trade mark registration

#Intellectual Property

IP Australia has recently announced that there will be several changes to its fees for the intellectual property rights that it administers. These changes are to be reflected in amendments to the relevant IP regulations....

29 June 2016 - Knowledge

Is the personal image of a celebrity protected in Australia?

#Intellectual Property

How can I lawfully use someone’s public image? Media outlets and advertisers are coming under increasing scrutiny over the unauthorised use of the public image of celebrities...

08 June 2016 - Knowledge

How to choose a new product name - The dilemma of descriptive or generic brands

#Intellectual Property

Choosing a brand name for your new business or product line is not an easy task these days. Research is the key - but you need to know what you are searching for.

01 June 2016 - Knowledge

Build your Dream Home – only if you own the plans

#Intellectual Property

Who owns the copyright to your plans? Know where you stand - If a person commissions an architect or a builder to draw architectural plans for them in accordance with their own “mud map” designs, and even if there is not much additional design input into the drawing of the architectural plans, the architect or the builder will own those plans...