Intellectual Property Disputes
Intellectual property rights are infringed when a brand, product, creation or invention protected by IP laws are exploited, copied or otherwise used without having the proper authorisation, permission or allowance from the person who owns those rights or their representative.
In some circumstances infringement occurs even if it is unwitting or innocent.
It is a fact of life that attractive business ideas and innovations are copied, and such copying can damage the IP owner’s business. Sometimes competitors overstep the mark and come too close to another’s IP rights. Positive action may be necessary to address lost business or dilution of trade reputation – where a business name, product or service becomes associated with competitors.
Whether a brand, concept or product is a registered or unregistered trademark, trade secret or other intellectual property right, steps can be taken to protect that investment.
In many infringement instances, the intellectual property rights of the parties are clear and so, urgent steps may need to be taken by using the Court, or it may be possible to assert IP rights and avoid litigation by using alternative dispute resolution, such as by mediation or negotiation. On the other hand some claims for infringement of IP rights may not properly disclose a proper claim, and so there is no right to damages or an injunction and these claims can be defended to minimise or avoid liability altogether.
We can assist your business to quickly and realistically assess any infringement scenario, with an eye on the commerciality of the situation and steps that may need to be taken. Our experience advising businesses in a very broad array of industries and our depth of our IP knowledge means we can give you the best advice on claiming or defending as to losses and damage suffered.
We can assist you with:
- Registered trademarks
- Unregistered trademarks
- Infringement of rights in confidential information
- Other types of infringement
If we can assist you in any way, or if you simply want to discuss any intellectual property issue, please contact us at any time.