Intellectual Property (IP) disputes and litigation encompass a range of legal conflicts over the ownership, use, and infringement of various forms of IP. These disputes can arise in several categories:
- Copyright Disputes: Often occur when there is unauthorised copying, distribution, or use of copyrighted material. In Australia, copyright exists without the need for registration, and generally, the work is protected for the life of the creator, plus 70 years.
- Trade Mark Disputes: Trade mark litigation arises from the unauthorised use of a trade mark or sign that is deceptively similar or identical to a trade mark, which could potentially confuse consumers about the source of goods or services.
- Design Disputes: These involve conflicts over the use of visual design elements that are protected by design rights.
- Plant Breeder’s Rights Disputes: These disputes relate to the unauthorised use of new plant varieties that are protected by plant breeder’s rights.
- Patent Disputes: These involve conflicts over the unauthorised use and exploitation of patented inventions or processes. Patents grant inventors exclusive rights for a certain period, typically 20 years, to exploit their inventions.
Disputes often arise where the owners of the above types of IP believe that their right to benefit from that IP is being unlawfully undermined by another party’s use of that IP. Thus, in IP litigation, the plaintiff must typically first prove ownership of the IP, and secondly that the defendant has infringed upon this ownership.
The broad nature of IP ownership lends itself to potentially complex disputes; often parties to disputes conduct business in different industries, or in different jurisdictions where governing laws may vary.
As for resolving IP disputes, parties have various avenues to seek resolution. Through the courts, a party may seek an injunction to prevent any further unauthorised use of their IP, and/or damages to compensate them for any loss or damage suffered as a result of infringement of their IP. Often, parties may opt for Alternative Dispute Resolution (ADR) methods, which include mediation, arbitration, and expert determination.
At CGLaw, our experienced team of IP and Litigation lawyers specialise in providing comprehensive legal guidance where IP rights may have been infringed. We also have extensive experience developing tactics for IP rights protection in concert with Patent and Trade Mark Attorneys, domestically and internationally. If you have any questions regarding a possible infringement of IP, our team is here to help you answer those questions, and if necessary, navigating the complexities of enforcing your rights and protecting your IP.