Intellectual property (IP) represents creations of the mind or intellect that can be legally owned. Almost every business has some form of IP that they need to protect. Basically, the productive new ideas you create. It can be an invention, trade mark, design, brand, or the application of your idea.
An Australian patent provides a legal right to stop third parties from manufacturing, using and/or selling an invention in Australia. It may also be used to license someone else to manufacture an invention on agreed terms. Australian patents are administered by the Patent Office of IP Australia
Intellectual Property (IP) is the key asset for many businesses. Without knowledgeable and proactive legal advice and a clear IP strategy, businesses may fail to protect their IP rights, leaving themselves without effective protection in cases of IP infringement.
At Effective legal solutions we understand that Applying for an IP right to protect your idea can be of paramount importance if you want to build a business and establish your presence in a market.
We offer a range of services including:
- Intellectual property contracts, licenses, and assignments;
- Technology and media related contracts;
- Trademark research and applications;
- Website terms and conditions and disclaimers;
- Advice on confidential information and trade secrets;
- Copyright advice on ownership; and
- Infringement of intellectual property rights
We can advise on all aspects of Intellectual property (IP), acting for a wide range of business sizes, from individuals and small start-ups to larger and more established companies. Our services include advising on:
Trade mark protection
A trade mark is the legal name for a brand which connects a product or service with their supplier. It can include words, colours, logos, shapes, sounds, smells or any combination of these. It can help your customers discern the quality of your product or service over that of your competitors.
A patent is a legally enforceable right for a device, substance, method or process. For your application to be successful, your invention must be new, useful and inventive or innovative. When granted, a patent will give you exclusive commercial rights to your invention.
Design registration aims to protect designs that have an industrial or commercial use. A registered design gives you, the owner, exclusive rights to commercially use, licence or sell it.
Copyright includes the rights to prevent others from copying, adapting or performing your works, and the right to control the first communication of your works to the public.
The law of passing off
The law of passing off applies where there is a representation that a person’s goods or services are those of someone else. The misrepresentation can be about the name of the product or the image that is presented by the product.
Plant breeder’s rights (PBR)
Are exclusive commercial rights for a registered variety of plant. The rights are a form of intellectual property (IP), like patents, trademarks and designs. If you develop a new plant variety, you may want to protect your IP with plant breeder’s rights.
Intellectual Property infringement
As the owner of intellectual property (IP) rights, it’s your responsibility to ensure you enforce them.
Effective enforcement of your IP rights is necessary to maintain their value in legal terms, to deter potential infringers and to retain the ability to attract commercial value. Effective IP protection can also help increase the profitability of your business.
Here at Effective legal solutions we are experts in providing advice and representation on all aspects of intellectual property.
As well as being experienced and successful litigators, we also embrace alternative dispute resolution (ADR), including mediation. Mediation is a process where a neutral third party, called a mediator, helps parties negotiate a mutually acceptable agreement.
Where appropriate, we encourage the use of Alternative Dispute Resolution processes, making it more affordable and less time-consuming to reach a positive outcome.
Intellectual Property rights are most effective when they are enforced as part of an infringement strategy. If you are considering enforcing your IP rights, get in touch on 1300 977 546.