INtellectual Property (IP) RIghts

Patent, Trademark, and Design Attorneys
 
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What is Intellectual Property (ip)?

IP is the term used to describe creative ideas. Many think that just because they thought of it, it is theirs. But the reality is there are potentially many others who may have thought of it, and protected it too.

The risks can be minimised if research is conducted by a qualified Patent Attorney, and protection is established.

Our firms specialisation is in Patents, Trademarks and Design rights. These fields are a niche all in their own right and should not be attempted with online applications by people without legal degrees.

Patent Attorneys and Trademark Attorneys are often referred to by Businesses as Brand Lawyers, Trademark Lawyers, Patent Lawyers, Patent or Trademark Solicitors.

 

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Can you D.I.Y.?

Yes, you can, but there are substantial risks of infringement, litigation and spending a substantial time, money and effort on a creation which is simply not yours, and you will need to give it away to the true owner eventually.

If you think you can lodge whatever content you think is right and make assumptions and be forgiven if that is wrong, but it doesn’t work like that.

If you are not covered, then you don’t get a second chance to amend the rights to include gaps or problems caused to rights by the manner in which you are commercial trading and not fulfilling your legal obligations.

Not only may your Registration not protect you, but it will actually prevent (in many cases) an Attorney from assisting you later because your D.I.Y. application will usually cause an objection to the later application.

For example, a Patent will be rejected if the idea is disclosed in a prior patent that may be written by you before you saw a practitioner.

In the 21 years we have practised, we have never seen a Trademark Application lodged by a business owner which was correct. Many of the issues are now going to the Federal Court and D.I.Y. owners are finding that they have no legal position because the applications or their processes were not correct.

Read our Blog for the latest where some of the Court cases are summarised so you can avoid making the same mistakes.

Did You Know?

Successful patents, trademarks, or design rights can be sold or even licensed, earning you income.

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INTELLECTUAL PROPERTY (IP) FAQs

What are Patents?
For protecting idea, inventions, processes, methods and systems that are new, inventive and useful.

A Granted Patent provides exclusive rights to exploit the invention for the life of the patent.

When your idea meets the highest standards then we can obtain 20 years exclusive monopoly rights for you.

Click here to find out more.

What are Design Rights?
For protecting the new shape, configuration, ornamentation or pattern of a product.

Click here to find out more.

What are Trademarks?
For protecting business names, company names, brands, logos, slogans, identities, etc.

Click here to find out more.

What is IP Enforcement?
What is critical is that the applications are legally perfect to actually stop an infringement.

This aspect is not checked during examination by IP Australia as they do not provide legal advice.

A Registered Product Design, Registered Trademark, or Granted Patent, may be useless in protecting you if not done correctly using a Patent Attorney.

And you will not be warned about this unless it is checked by a Patent Attorney before lodgement.

Amendments are impossible usually as the Application details were incorrect and cannot be altered.

What are some examples of IP cases?
One example we have seen happen so often is discussed below. Company A (D.I.Y.) and Company B (represented) are rivals applying for the same or similar Trademarks to protect their business name.

Scenario 1
Company A’s Application is rejected because it is incorrect and a new application cannot be lodged because Company B now has secured the Trademark rights.

Company A is forced to come up with a new business name. In some cases businesses find this out many years after having run a business which is a real brand concern.

Scenario 2
Company A’s application content had some real gaps in ownership, coverage and therefore will fail to protect them when they need to use it. They are not told this during the Application process because the Government doesn’t review their business plan or website. Company A has little or no rights but think they do.

Company C copies Company A’s Trademark and gets away with it because the Company A’s Trademark has failures in cover and/or ownership.

Professional help is a must.

What is a Court Action?
Registered Intellectual Property (IP) such as Patents, Trademarks or Product Designs enables the owner to initiate Court Action to stop copying or unauthorised exploitation of their IP.

If successful the infringer will need to pay Damages, or Profits, and pay some of the Registered IP owner’s litigation (legal) costs.

So there is a lot to lose if you accidentally infringe and Court action commences.

What are the benefits of IP Rights?
It is dangerous to take such a complex area and try it yourself because if you get it wrong, the owner of the Intellectual Property Rights has the the Rights to sue you, and can claim your personal assets, house, car, shares, super, etc. Even being a Director won’t save you as can be clearly shown in 2017 by Federal Court Decision CLIPSAL vs CLIPSO.

Still, we find countless people without legal degrees forming incorrect views on results they have found. Either dangerously thinking a result is different enough, or justifying it for reasons which do not exist in the legislation, or dismissing it on the basis that another business may be doing it (in which you can all be sued), or thinking that ASIC Business names gave you rights.

Equally people do not know that IP Australia, the Government body who date stamps applications, do not check the applications for legal correctness, and whilst they look for conflicts with what you have lodged, they do not warranty that they have made the correct decision in accepting and granting you rights. What often happens is Court will look at the rights to see if they are legally correct, and if not, they will void the rights and order IP Australia to cancel. Unfortunately this happens all too often.

What are the risks of DIY?
It is dangerous to take such a complex area and try it yourself because if you get it wrong, the owner of the Intellectual Property Rights has the the Rights to sue you, and can claim your personal assets, house, car, shares, super, etc. Even being a Director won’t save you as can be clearly shown in 2017 by Federal Court Decision CLIPSAL vs CLIPSO.

Still, we find countless people without legal degrees forming incorrect views on results they have found. Either dangerously thinking a result is different enough, or justifying it for reasons which do not exist in the legislation, or dismissing it on the basis that another business may be doing it (in which you can all be sued), or thinking that ASIC Business names gave you rights.

Equally people do not know that IP Australia, the Government body who date stamps applications, do not check the applications for legal correctness, and whilst they look for conflicts with what you have lodged, they do not warranty that they have made the correct decision in accepting and granting you rights. What often happens is Court will look at the rights to see if they are legally correct, and if not, they will void the rights and order IP Australia to cancel. Unfortunately this happens all too often.

Why should I apply now?
Innovators or inventors come up with an idea and say its theirs but it may actually already be protected by someone else in the form of Intellectual Property Rights.

Additionally they may take the wrong steps which void their right to apply for Intellectual Property Rights. There are many but to name one, disclosing your idea before filing a Patent Application can void the right to apply for the Patent in most countries.

Not many people turn ideas into a fortune – mostly it just stays an idea because we aren’t sure how to take it to the next level or protect it from being stolen by a multinational corporation.

How do I protect an idea or invention?
So you have an idea for an App for a Mobile, an idea for Business, a system or product but don’t know where to turn and are worried about it being stolen by others without getting anything at all. Unfortunately this happens all too often.

Booking a Patent Attorney at an early stage is essential to avoid voiding or creating issues with rights that are applied for.

These legal content or wrong usage issues are not looked into by Government and ARE looked at during Court and Opposition proceedings raised by rivals when disputes arise.

CONTACT US

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(By appointment only)
82 Ifould Street, Adelaide SA 5000
+(61) 1300 138 802

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