IP Lawyers Melbourne
Protecting Intellectual Property in today’s world is a complex process, let our IP Lawyers give you clear legal advice.
Our experienced IP Lawyers Melbourne assist you to find the best solution to protect your ideas, products and services.
Enforcing your rights:
If your Intellectual property rights have been breached, we can advise regarding litigation and enforcement.
If you have breached another party’s Intellectual Property rights, our IP Lawyers Melbourne can advise what courses of action you can take to rectify the situation.
What is Intellectual Property?
It is a collection of different rights that can be divided into the following areas:
- Database rights
- Confidential Information & trade secrets
Why is Intellectual property so important to business?
Sell, Use or Licence: IP takes the form of Intangible assets. All companies have intangible assets. Because these intellectual property assets can be sold, used or licensed, they need to be protected.
Registering your rights: Some intellectual property involves a formal application process before your rights can be registered. Other intellectual property does not need a formal registration process. Without your rights being properly protected under the law, you will not be able to enforce any breach of your Intellectual property.
Promoting Innovation: Intellectual property protection is important in promoting innovation. If ideas are not protected, businesses and individuals are not able to fully realise the benefits of their inventions, and the consequence is that there is less focus on research and development.
Protection of Goodwill
If you need protection for your Goodwill, a clause can be inserted into an agreement as follows:
- Employee contracts can have a “Protection of Goodwill” clause
- Agreements to sell/purchase a business can have a Restraint of Trade clause and can be used effectively to protect your rights. An example of this would be if you are the Purchaser of a business and wish to restrict a Vendor from opening a similar business using the same practices and processes. These could be restrictions within a specified time (maybe 3 years), or a geographic region (say within 5 kms) of the business.
- Confidentiality Agreements can be signed before divulging your unique business and manufacturing practices and processes to other interested parties. These may include recipes, product design, product manufacturing processes, client lists, stock control, costing of products and production and staff lists.
Intellectual Property Disputes
Disputes may arise from many situations, such as, infringement of Intellectual Property including failure to pay correct royalty entitlements. We can vigorously challenge claims for your IP property rights. Or if the claim is against you for infringement, you can ask our IP Lawyers for advice.
If you are the holder of the Intellectual Property you can force the offending party to cease breaching your rights, and substantial damages can be sought.
If you are the user of Intellectual Property and damages for infringement have been sought against you, get in touch with our IP Lawyers Melbourne who can assist to negate, or settle the claim, and/or minimize the damages awarded.
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