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Intellectual property is of critical importance for any commercial entity and is frequently at the core worth of an enterprise.
Intellectual property dispute resolution is a highly specialised area of legal practice requiring both an expert knowledge of intellectual property and a deep understanding of the relevant dispute strategies, dynamics and litigation principles. Bespoke rules are often applicable to intellectual property litigation.
HWL Ebsworth’s Intellectual Property Dispute Resolution specialists enforce and provide strategies for the protection of all forms of intellectual property rights. We handle litigation matters in all jurisdictions and assist in negotiating the resolution of intellectual property disputes.
Our Intellectual Property Disputes Resolution specialists act for Australian and international clients in many industries including pharmaceutical, industrial, information technology, media, health, research and retail. As part of our work we also protect brands, confidential information, data and trade secrets.
Our team’s expertise involves dealing with the following intellectual property rights:
- Copyright;
- Trade marks;
- Registered designs;
- Circuit layouts;
- Plant breeder’s rights;
- Patents;
- Domain names;
- Confidential information and trade secrets;
- Passing off; and
- Misleading and deceptive conduct.
Our work is in respect of both infringement and remedies. We have expertise in dealing with matters involving damages, additional damages, accounts of profit, interim injunctions, permanent injunctions, Anton Piller orders, asset preservation orders, product recalls, regulatory certification considerations, claims against individuals involved with corporate intellectual property infringements, claims against third parties and orders for removal of online material.
We also prepare cease and desist letters (and detailed undertakings) to be sought from recipients regarding:
- Cessation of supply;
- Delivery up and destruction of goods;
- Provision of records demonstrating amounts of products sold, prices, supply and manufacture information and customer details;
- Removal of promotional work and advertising and re-branding; and
- Delivery up of manufacturing apparatus/tooling.
Experience
- Australian television networks in the prevention of unauthorised use of their broadcast content and logos. We were instructed to take steps for trade mark infringement;
- A subsidiary of global supplier of equipment to the rail industry in Federal Court of Australia proceedings relating to infringement of trade marks, passing off and misleading and deceptive conduct by a competitor;
- A global airline in Federal Court of Australia proceedings involving client licensing music from US artists for use in worldwide advertising campaign in circumstances where other parties alleged that the licensed music infringed their copyright;
- A property developer in a copyright infringement claim against a rival property developer reproducing photographs, copy, graphics and layout for information memorandum;
- A high end global fashion label in relation to a dispute regarding infringement by competitor of registered designs;
- A national air conditioning manufacturer in litigation regarding the infringement of registered designs by a competitor;
- An international medicines supplier on a significant pharmaceutical patent infringement suit against a major multinational pharmaceutical company;
- A multinational provider of logistics solutions regarding the alleged infringements of patents registered in regard to methods of installation of high-bay racking;
- A mining company subsidiary of a listed entity in defence of an allegation of receipt of alleged commercially sensitive confidential information; and
- An international waste management company in Supreme Court proceedings against former employees in relation to removal, disclosure and use of confidential information including obtaining injunctions and other remedies.