Every business has intellectual property in some shape or form. Intellectual property is more than simply a business name, and can extend to a colour (think Cadbury’s trade-marked purple packaging) or even a sound (the MGM lion’s hearty roar).
Whether your business has a unique name, tagline, manufacturing process, formula or secret herbs and spices that you want to protect, Beck Legal’s intellectual property team can advise you on the best way to protect your intellectual property and then put the advice into practice.
Our Intellectual Property Services
Advisory & Strategy
The most important step in protecting your intellectual property is to ensure that you hold it in the right entity. There is no point in going to great lengths to register your intellectual property, if the property itself could be exposed to creditors if the owner becomes insolvent.
One asset protection strategy is to hold the intellectual property (as well as other assets of value) in an asset owning company, which is separate to your trading company. The asset owning company would then licence the intellectual property to the trading company to use in its business.
Our intellectual property team can advise you on whether this strategy is necessary based on the value of the property and the risks in your industry.
Protection & Registration
We can assist you with all intellectual property services, including:
- Licence Agreement – Preparation of a licence agreement to put in place between an owner of intellectual property and a licensee. Whether this is being done as part of a related entity asset protection process or as a commercial business, we can ensure it reflects your intentions;
- Trade Marks – Advice in relation to your prospects of success, undertaking both Head Start and standard trade mark applications and applying for expedited review. We can also assist in overcoming rejections from IP Australia, including in relation to “evidence of use or intended use” claims and advising on the Trade Marks Act;
- Copyright – Advice in relation to copyright protection and what is, and is not, protected by copyright in Australia.
Enforcement of Rights
If you are aware that someone is infringing your intellectual property rights, we can assist you with making a claim against them. We generally start by issuing the infringing party with a cease and desist letter, and potentially making a request for an account of profits made by them through their infringing conduct. If the infringing party does not cease their conduct, our litigation team can then advise you on commencing court proceedings and obtaining an injunction, account of profits and/or damages. We will advise you of your prospects of success, so you can make an informed and commercial decision on whether you wish to proceed or not.
If someone has made a claim that you have breached their intellectual property rights, our team can assist you with defending the claim.
Why Beck Legal?
Intellectual property protection goes hand in hand with asset protection, which is why it is important to use a law firm experienced in both areas of law when you are looking at protecting your intellectual property. Beck Legal’s commercial team can help put in place structures and undertake registrations to protect your intellectual property and help secure the value in the assets you have worked hard to create or acquire.
If you would like more information about intellectual property get in touch today.