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  Other services that we provide are listed below

Infringement and validity advice

Sometimes, other people might attempt to claim that you are infringing their patent, trade mark, registered design, or other intellectual property rights, and to threaten you with legal action. This can cause a great deal of stress, which may be unnecessary especially if they do not have the rights that they claim.

Alternatively, you may feel that other people are infringing your intellectual property rights an impinging on your business.

One of the services that we provide is to analyse intellectual property to determine if it is indeed being infringed, and whether it is valid protection. We can then advise you about the appropriate steps to take next, and to further assist with those steps. In many cases, these steps are sufficient to fully deal with the matter.

Infringement support

Sometimes, it is necessary for patent, trade mark, registered design, or other intellectual property disputes to be dealt with by the courts. In this event, it is usually necessary to engage the services of suitably experienced solicitors and/or barristers who may prepare the necessary court documents and who may actually appear at court hearings. Part of our function as attorneys is to provide the necessary technical and legal support, and instructions, to such solicitors and barristers.

Portfolio maintenance

Most types of intellectual property including patents, trade marks and registered designs needs to be renewed annually or at other times during the life of the property, depending on the type of property and the country concerned. This applies usually after the property is registered or granted but sometimes before grant/registration as well. It is vital that the renewal maintenance take place by the relevant due date, otherwise extension fees may apply, or the intellectual property rights may lapse completely.

Many holders of intellectual property do not have suitable facilities, or the desire, to monitor the due dates, especially where they have large intellectual portfolios. One of our roles is to maintain a database with details of all of our clients' intellectual property including the renewal due dates, to send reminders to our clients about these dates, and to attend to the renewals as required.

We can also provide customised reports on the status of their intellectual property

Watching service

We can provide a watching service for monitoring the other peoples’ patents, trade marks, designs or other intellectual property.

For example, such a watching service may be for determining whether someone else has filed an application for a trade mark which is similar to yours, or for a patent which may interfere with your business or commercial activities.

Alternatively, it might indicate when a patent or trade mark has been accepted by the Patent or Trade Marks Office at which stage it may be possible to file an opposition. Keeping such a watch can alert us to the deadline by which an opposition may be filed.

The watch might also indicate, for example, when another person's intellectual property lapses, ceases or expires, which might clear the way for our clients to engage in certain commercial activities.

Oppositions

Sometimes, a competitor may have filed a patent, trade mark or design application that our client believes to be invalid. It is possible for these types of intellectual property to file an opposition (provided this is done by the relevant deadline) to challenge the registration of that intellectual property.

Alternatively, our clients' patent, trade mark or design application may be opposed by other parties.

We can attend to such opposition matters on behalf of our clients, including preparing and filing the various documents and evidence, and appearing at hearings, and advise them on suitable courses of action.

Due diligences

We can conduct due diligences and audits of a person’s or organisation’s intellectual property, and provide associated advice.

This may, for example, be a necessary or desirable step to take when a business is to be sold or bought, or to meet certain legal requirements for companies, or even simply as part of a business's review of its own portfolio.

Please call us or email us to enquire about an obligation-free initial discussion or cost estimate for your matter. All communications are treated in absolute confidence. Click here for our contact details.


 

 

 

 





 

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Suite 407, Level 4      
35 Spring Street      
Bondi Junction NSW 2022      
Australia