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Intellectual Property Disputes

In light of the potential value of a business’s intellectual property rights, as well as the investment made by the business in creating or developing these rights, it is important to ensure that they are adequately protected.

If not adequately protected, a business may find itself inadvertently breaching the intellectual property rights of another business and may therefore be unable to protect its own intellectual property, or lose the value in its intellectual property.

Certain intellectual property rights, such as copyright, are automatically protected and do not necessarily require registration. Other rights, such as trade marks (e.g. in a company’s logo, slogan or brand name) can and should be registered in order to increase the level of protection for a business.

Have your intellectual property rights been breached?

There are various ways in which intellectual property rights can be breached. Some of the more common examples of breaches include the following:

  1. Unlicensed copying, altering, distributing, performing or reproduction of a business’s copyright (e.g. website content, software, branding, products, or promotional materials;
  2. A business misrepresenting or passing itself off as another business, or passing off the goods/services it is providing as being the goods/services of another business;
  3. Using or registering a name, logo or slogan which is similar or identical to that of another business.

What happens if someone else has breached your intellectual property?

Depending upon what type of intellectual property right has been breached, and whether it is protected, there are various different options and remedies which may be available to a business. This may include a claim for damages as a result of the breach or an injunction to prevent a breach from continuing.

How can we help you?

We act on a wide range of contentious and non-contentious intellectual property matters. If you would like to obtain advice in relation to protecting or enforcing your intellectual property rights, or you are otherwise involved in a dispute, please contact us.

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