Intellectual Property

The field of intellectual property has expanded greatly over the last few years substantially increasing in complexity. Fundamentally, the law endeavours to protect intellectual property including copyright, trademark, patents, designs, licensing and confidential information including trade secrets. As part of the fabric of protection, lawyers in this area need to have a sound knowledge of Contract, Copyright Act, Competition Law, Franchising and Licensing Law, Trademarks, Trade Practices and the law as it relates to the use of confidential information. Fortunately for our clients we have access to a number of patent and trademark attorneys which brings further benefits for our clients. We are often retained by clients in Intellectual Property Disputes and Litigation.

Services are available in the following areas:

Branding
Confidential Information
Copyright
Data Protection and Piracy
Disputes Resolution
Licensing and Franchising Distribution Agreements
Media Infringements
Trade Practices
Trade Secrets
Trademarks

Intellectual Property Protection

Most corporations, small to medium enterprises and individuals involved in commerce in the 21st century will be faced with issues involving the protection of intellectual property. This may consist of methods unique to your business, client lists, branding or the product itself. In many businesses intellectual property represents the most important asset yet receives little attention. The fact that Intellectual Property is intangible means that many people are unaware of their rights and unfortunately due to this neglect Intellectual property enters the public domain unprotected. The use of someone else's intellectual property amounts to theft hence it is imperative that you protect it like you would any form of real or personal property e.g. your home, car, investment property, business premises, plant and equipment, etc.

There are various strategies available to protect intellectual property so your intellectual capital is protected. Too often we hear from clients involved in sales intensive industries that disgruntled or unscrupulous employees have walked out the door with sensitive information such as client lists, production methods or even software. At LAC Lawyers we posses the knowledge and experience to assist you to secure your Intellectual Property and therefore your market share. No one can afford to allow their competitors to utilise their intellectual property giving them an unfair market advantage.

Examples of such strategies include:

Copyright
Confidentiality and Non Disclosure Agreements
Licensing
Manufacturing Agreements
Trademark Protection - the application of trademarks and advice on opposition or infringement actions.

It has been our experience that with the explosion in e-Commerce over the past decade, the potential for intellectual property theft has increased exponentially. Websites are effectively online brochures and represent a potential vulnerability when protecting your intellectual property. Ideas, images, information, and branding among other things are all conveyed on websites and are subject to infringement unless properly protected. Many commercial transactions are now performed over the internet and the potential for sensitive information to be broadcast is increasingly likely. LAC Lawyers can help you protect your Intellectual Property on the internet and pursue anybody who infringes or steals it.

Apart from sales protection we also encourage clients to adopt pre-emptive measures to protect their Intellectual Property before problems arise. What most clients forget is that intellectual property rights often have unexpected business consequences. There is a general misconception that because you are the registered owner of a business name or company that this is protection against all the world. It is to the extent that someone else does not hold a trademark over that name or the words being used. The owner of the trademark has many options available at law including injunctive relief in equity. The impact of this is that everything that carries these words may have to be destroyed including all advertising, branding, marketing, printing and other business materials.

Wherever possible the best way to protect a business name is to register it as a trademark as it gives the owner the right to exclude others from using it. in some cases descriptive words may also be trademarked e.g. "have a good day have a Kit Kat". Although this is possible there are certain restrictions which apply to to wide an application of these words. Irrespective where two parties use the same words it often gets back to a contest of prior use. Should either party hold a registered trademark then other legislation may come into operation including the Trade Practices Act or Fair Trading Acts of each state. Make sure you obtain proper legal advice and adopt a holistic approach in this area otherwise you may become involved in some very expensive litigation. Do not be penny wise and pound foolish; obtain proper informed legal advice as it will save you a lot of money in the end.

We can advise you on an effective protection policy for your intellectual property, how to audit these business assets and how to secure this through effective brand strategy. We can advise on how to deal with your employees, third parties, corporate partners or contractors so that you are placed in the best possible position. Contractual mechanisms are available which can be employed quickly and effectively to save on litigation and court appearances should your intellectual property be infringed.

We believe it is necessary to invest in protecting your intellectual property so that as your business grows you are confident that your Intellectual Property is secure.

More Business Law services:

ASX Listings and Compliance
Business Documentation
Business Structures
Contracts/Advice
Commercial Leases
Corporations/Companies
Corporate Governance
Company Finance and Mortgages
Dispute Resolution & Litigation Services
Franchising
Joint Venture Agreements
Liquor Licensing
Management Agreements
Partnership Agreements
Reconstructions/Restructuring
Sales and Purchases of Business
Shareholders' Agreements
Terms of Trade
Trade Practices