• Overview & Examples
  • What You Need To Know
  • Specialising Lawyers
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Overview

Intellectual Property

Intellectual property (IP) is a right or asset held permanently by a person when something new or original is created. Intellectual property can comprise:

  • a design

  • an invention or idea

  • literary and artistic works

  • a symbol, name logo or image used in commerce (i.e., trademark).

The commercial team at Brydens Lawyers can assist in resolving any intellectual property disputes that involve your intangible assets.We can also provide legal advice and guidance around your IP rights, and IP laws surrounding trademark, copyright or patent infringement.

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Examples

Type of Intellectual Property

Intellectual property law in Australia makes clear distinctions between the different types of intellectual property rights.

Upon the creation of something original, individuals and businesses may claim the following as intellectual property rights:

  • Patents: Protect inventions such as devices and substances, or a process or method that is innovative and useful.

  • Copyrights: Protect the use of literary and artistic works, music, film, sound recordings, films and computer programs.

  • Trademarks: Protect branding devices such as logos, phrases, words, shapes, symbols, sounds, etc.

  • Registered designs: Protect the general visual appearance of new products and items which can include a combination of shape, pattern, configuration and colour. E.g., a distinctive video game character.

  • Circuit layout rights: Rights that protect layout designs or plans of electronic components in integrated circuits and computer chips.

  • Plant breeder’s rights: Permit exclusive commercial rights over new plant varieties.

What You Need To Know

Are You Eligible To Make An Intellectual Property Claim?

If your intellectual property has been infringed upon, or your right to use intellectual property is being challenged, you should contact Brydens Lawyers for expert legal advice. Our commercial team can assist you in protecting intellectual property, and safeguarding your reputation as well as your ideas, inventions, and anything else of originality to prevent infringement and deter misuse.


Why Are Brydens Lawyers The Right Representation For You?

Gain a competitive advantage with Brydens Lawyers. Our intellectual property lawyers are experts in their fields, with a wealth of experience in copyright protection, patent law, trademarks and other areas of intellectual property protection. They can assist you by protecting your rights,resolving IP disputes, and reducing legal risks for individuals and Australian businesses.

Whether it is a matter of seeking legal protection over intellectual property infringement allegations, wanting to know how to protect your existing IP rights, or obtaining a registered trademark for your intellectual creation, Brydens Lawyers is here to assist you.


What Can You Do If Someone Makes A Claim Against You?  

Brydens Lawyers can also assist those who are allegedly misusing another party’s intellectual property by engaging in negotiation and dispute resolution on your behalf.

Intellectual property laws are not always clear and straightforward, and misunderstandings can happen. If this is the case, and someone has alleged that you are misusing their intellectual property, then the Brydens Lawyers team of intellectual property law experts can help you. Our team have experience when it comes to all elements surrounding IP rights, patent, trademarks or copyright infringement, IP disputes and IP laws.


What Are You Able To Claim And How Can Brydens Lawyers Resolve Your Dispute?

If your intellectual property has been infringed upon, you may seek a court order for the purpose of recovering financial compensation (damages) from the party who has infringed your IP. Furthermore, when trademark infringement occurs, it's vital to act quickly to uphold the integrity and value of your brand.

If your intellectual property is being misused, it is also possible to seek an injunction from the court to stop the other party from misusing it.

Further to this, an account of profit is another remedy available to be ordered by the court. This means that the infringer is required to account for and, if appropriate, transfer the profits made from the infringing conduct to the owner of the intellectual property.

You may also wish to consider granting the infringer of the intellectual property a licence, allowing them to use your IP upon making a royalty payment.

Prior to going to court, you may wish to consider alternative dispute resolution so as to avoid the legal expenses involved in any litigation. Brydens Lawyers can assist you with this, by negotiating on your behalf and reaching an agreement outside of court that is satisfactory to both parties.


Brydens Intellectual Property Lawyers Sydney: We Do Intellectual Property Law Well

As one of Sydney’s most reputable law firms, Brydens Lawyers has the expertise and experience in all things related to intellectual property law—from patent protection to trade secrets, copyright law and more.

In our long history as a law firm based in NSW, we have extended our IP law services to numerous clients throughout our local community and businesses in Australia.

Brydens Lawyers has assisted the owners of intellectual property register their logos and trademarks for IP protection. We have also assisted small and medium business owners to grant licences to others for the use of their intellectual property on mutually agreeable terms, benefiting all parties.


When Should You Consult Brydens Lawyers?

Navigating intellectual property law can be challenging for those who do not often come into contact with government laws and legal processes. This is where Brydens Lawyers can help you, by providing you with the right counsel and guidance to understand your rights and what you are entitled to under the law.

You should consult Brydens Lawyers if:

  • You wish to take action to prevent a party from infringing or continuing to infringe upon your intellectual property.

  • Someone has alleged you are infringing their intellectual property.

  • You wish to prevent a party from disclosing your confidential information or trade secrets.

  • Someone has alleged you have disclosed their confidential information or trade secrets.

  • You require advice in relation to commercial arrangements for the purchase, sale, assignment or licencing of intellectual property.

  • You require preparation of contracts and other documentation to give effect to arrangements relating to intellectual property.

  • You wish to register a trademark so as to hold the exclusive right to use, licence and sell a mark.

For the best legal advice, counsel and guidance on intellectual property law, contact Brydens Lawyers today and arrange a consultation. Our team is ready to assist you with any case you have relating to intellectual property law.

Testimonials

Omar Khan of Brydens Lawyers resolved everything quickly and looked out for my interests every step of the way. I’m very satisfied with how things played out and will definitely be contacting them if I need help again.

Paul M, a client of our Commercial division

I cannot say enough of my lawyers Omar- he listened and gave simple answers so I could understand. Most importantly, he showed empathy when I was distressed.

Lisa O, a client of our Commercial division

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