Intellectual Property

Overview

The Hall & Wilcox Intellectual Property team understands the importance of protecting and/or commercialising your intellectual property. We work with clients on an ongoing basis to proactively maximise and protect the value of their intellectual property, whether by commercialisation or by taking steps to enforce that intellectual property. Our focus is to identify the key legal issues associated with intellectual property, which are significant to your decision making process.

Experience

We provide advice across the full range of intellectual property issues for private and public companies, including:

Commercialisation

Methods of commercialisation include licensing or assigning intellectual property rights. We have extensive experience in licensing intellectual property, both domestically and internationally.

Dispute Resolution

Our experienced lawyers can advise on issues including infringement and enforcement strategies for copyright, patents, designs, trade marks and plant breeder's rights, act on trade mark and passing off disputes, as well as issues relating to breach of the Competition and Consumer Act 2010.

Trade Mark prosecutions and registrations

Our expert team can provide strategic brand protection advice on trade mark availability, infringement and registrability, nationally and internationally, and preparing evidence and submissions to IP Australia.

Clients of the Hall & Wilcox Intellectual Property team include 2XU; Boost Juice; Apple & Pear Australia Limited; Armourdillo; Australian Toy Association; AXA Australia Limited; Baxters Food Group; Bendigo and Adelaide Bank; Black and Decker; Canon Australia; CPA Australia; Chalmers Wines; Dairy Australia; Dangerfield; Dennis Family Corporation; Djeco; Encore Tissue; Fitness Generation; Fornells SAS and Fornells Australia; HW Greenham & Sons Pty Limited; Intershop Communications AG; Leading Teams; Metalsa C.V.; Note Printing Australia; Prevar; Retravision; Sacred Hill Wines; Sipcam Australia; Tripod Farmers and Vapormedia.

Publications

Boost Juice successfully opposes a trade mark for Boost Foods ‑ 16 December 2011
National business names registration system - what you need to know ‑ 09 May 2011
iiNet scoops a win on copyright case ‑ 01 March 2011
Hall & Wilcox acts for Boost Juice on trade mark win ‑ 14 October 2010
No copyright in headlines ‑ 17 September 2010
Resale royalty rights scheme for visual artists commences ‑ 10 June 2010
High Court decision in E&J Gallo Winery v Lion Nathan Australia Pty Ltd handed down: Barefoot trade mark ‑ 21 May 2010
'Down Under' infringes copyright in 'Kookaburra' ‑ 05 February 2010
Internet service provider wins landmark case ‑ 04 February 2010
New visual art resale royalty introduced ‑ 07 December 2009
University found to not have any implied rights of ownership of its employee's invention: University of Western Australia v Gray [2009] FCAFC 116 ‑ 10 September 2009
Legal News for Business Issue 4 ‑ 01 September 2009
'Spicks and Specks' triggers copyright infringement claim ‑ 31 July 2009
Fee abolished - greater affordability of European Community trade mark registrations ‑ 02 July 2009
Cartel conduct criminalised ‑ 23 June 2009
Film and television studios sue internet service provider ‑ 23 February 2009
Trade fair tips: how to avoid putting your IP at risk ‑ 20 February 2009
Enforcing unregistered trade marks ‑ 17 February 2009
Legal News for Accountants: Issue 9 December 2008 ‑ 07 January 2009
Restructuring & Turnaround: Issue 1 ‑ 01 November 2008
Intellectual property considerations for internal restructuring ‑ 13 October 2008
Changing Times for Domain Name Registration ‑ 04 July 2008
Title to inventions: University of WA v Gray ‑ 01 July 2008
Common configuration or copy? ‑ 07 May 2008
Parallel importation and intellectual property infringement – it’s just not polo ‑ 18 February 2008
Having problems with counterfeit products? Don’t forget the Trade Practices Act 1974 (Cth)! ‑ 24 January 2008
Missed calls cost mobile phone spammer almost $150k in fines ‑ 08 August 2007

People

Ben Hamilton

Partner |

Competition & Consumer Law
Intellectual Property
Agribusiness
Franchising, Retail & Distribution
Technology

Direct: +61 3 9603 3586 | ben.hamilton@hallandwilcox.com.au

James Deady

Senior Associate |

Competition & Consumer Law
Intellectual Property
Education & Training
Technology

Direct: +61 3 9603 3546 | james.deady@hallandwilcox.com.au

Links

IP Australia Access information about IP rights in Australia, search IP databases.

Department of Innovation, Industry, Science and Research Access information about Australian Government innovation programs and helpful statistics for businesses.

Business.gov.au Find out how to register your business name and other important information to set up your business.

Expertise