IP Litigation and Dispute Resolution

As well as negotiating deals and putting contracts in place for the commercialisation of intellectual property, our IP Team are equally experienced in helping clients resolve and manage disputes relating to intellectual property, including:

  • Patent, copyright, design and trade mark opposition and infringement;
  • Local and global disputes and enforcements, and
  • Border protection;

Fighting for your rights is never easy. Our IP Team has a strong dispute resolution focus with a reputation as an efficient and decidedly cost effective operator on contentious IP issues. We recognise the practical and commercial advantages to an out-of-court resolution but we are also tough when we need to be.

We are known for our direct, open explanations, enabling clients to have a clear understanding of the issues associated with their matter. We keep our clients fully informed at all stages during a dispute and provide tailored and effective advice to match our clients’ needs.

We are experienced negotiators and mediators and strive to resolve disputes in their early stages, avoiding the need for litigation and arbitration when and where possible.

Whether its protection for a new idea or a multi-jurisdictional dispute, Bennett & Philp Lawyers is the name you want to have on your side.

Some of our landmark cases in the IP field that have changed Australian law precedents, include:

  • Lodestar Anstalt v Campari Americal LLC [2016] FCAFC 92 - the leading authority on the determination of "use" of a trade mark (). A precedent decision in Australian law;
  • Seafood Innovation v Richard Bass Pty Ltd [2016] FCA 723 - lead authority in innovation patents ();
  • Mont Adventure Equipment Pty Ltd v Phoenix Leisure Group Pty Ltd [2009] FCAFC 84 -a leading authority on the grace period for patent applications;
  • Bailey Aluminium Products v. Werner [1989] FCA 57- a leading authority on the overlap between novelty and obviousness in Patent Law;
  • CCOM Pty Ltd v Jiejing Pty Ltd [1994] FCA 1168 - an internationally famous case on patentability of computer programs and a leading authority;
  • Norm Engineering v Digga Australia [2007] FCA 761- the overlap between copyright protection and registered designs;
  • Health World v. Shin Sun Australia Pty Ltd [2010] HCA 13 - standing in trade mark cancellation cases, and
  • Austin, Nichols & Co Inc v Lodestar Anstalt [2011] FCA 39; [2012] FCAFC 8- a leading authority on the non-use of trade mark provisions in the Trade Marks Act.

Call us on +61 7 3001 2999 or make an on-line today.