IP Infringement

The owner of IP rights has a range of enforceable legal rights against people or companies that infringe those rights. Such action may be initiated from sending a letter of demand requesting the infringer cease and desist the infringing conduct, or commencing court proceedings immediately seeking injunctive relief.

 

Where you send a letter of demand you should be careful as a threat of infringement that cannot be proven may amount to a ‘groundless threat’. A groundless threat may result in liability for damages to any person affected. So it’s crucial to ensure you are within your rights before threatening legal action against others or any potential public backlash against the IP right owner, particularly if the IP owner is a big corporation.

 

Often IP disputes are resolved through settlement negotiations, which may be the commercially preferred option. However, in this case the parties should ensure a proper agreement is drawn up, outlining what they have agreed to do and that they will carry these obligations out.

 

For more information, call us today on +61 2 9233 1411 or send us an online enquiry.

Common Questions

Can I enforce my rights against a third party?

As the owner of an IP, you will have a range of legal and enforceable rights that allow you to take action against people or companies that infringe your rights. Generally, such action starts with issuing a letter of demand requesting they cease and desist the use of your IP or initiate court action immediately.

What’s the difference between Designs and Copyright?

A design registration provides protection in the visual features of the shape, configuration, pattern or ornamentation of the design, whereas copyright protects the original expression of ideas against copying of one’s work. Generally artistically works industrially applied and commercially exploited as 3D designs are denied copyright protection. A design may have been applied industrially if it has been applied to more than 50 articles, or to one or more non-handmade articles that have been manufactured in lengths or pieces.