Our copyright team has unrivalled experience in the copyright and anti-piracy field in Australia, representing a broad range of Australian and international clients in relation to copyright protection and enforcement issues. We provide expert and strategic copyright advice to many of Australia’s leading companies, including Telstra and the Seven Network, and to international clients, including the world’s biggest software company and copyright owner, Microsoft. We represent the software industry in copyright matters through the Business Software Alliance and Business Software Association of Australia and the games industry through the Interactive Entertainment Association of Australia.
Our lawyers combine in-depth litigation and advisory skills to work with clients to develop appropriate copyright protection and enforcement strategies to support their business. Our copyright team includes several of Australia’s leading IP litigators, who have extensive experience in copyright and anti-piracy and anti-counterfeiting litigation and who have acted in many of Australia’s landmark copyright cases. At a commercial level, we advise our clients on important copyright protection and licensing issues which affect their business, as well as providing advice on commercial transactions involving copyright-related subject matter.
- Copyright litigation: Our copyright team has run many of the landmark Australian copyright cases. These cases have included Microsoft v Goodview Electronics, in which the Federal Court made the largest award of damages in an Australian anti-piracy copyright case, and Telstra v DtMS, the leading Australian authority on the standard of originality under Australian copyright law. We also acted in Microsoft v Auschina Polaris, which has become one of the most oft-cited authorities on the accessorial liability of company directors for copyright infringement. We have represented clients in obtaining and executing Anton Piller (search and seizure) orders, Mareva orders and other urgent interlocutory orders in copyright litigation and have developed streamlined procedures to enable these applications to pursued promptly and efficiently.
- Anti-Piracy and Anti-Counterfeiting: We advise on and manage anti-piracy and anti-counterfeiting campaigns for a number of clients. Our extensive experience in this area ensures the efficient and effective management of these campaigns, from advice on initial leads and evidentiary issues, to the conduct of litigation and the provision of advice on related publicity. We act for a wide range of clients in pursuing legal action in relation to seizures made by the Australian Customs Service under Notices of Objection lodged by our clients under the Copyright Act. We have also advised and assisted clients in relation to criminal prosecutions for software piracy, liaising with State and Federal police and the Director of Public Prosecutions, and preparing evidence in support of criminal charges.
- Copyright law reform and lobbying: Our team acts on behalf of corporate and industry body clients to lobby regulatory and government bodies in support of copyright law reform. Our lawyers have extensive experience in lobbying Government to secure amendments to legislation to satisfy industry-wide and client-specific concerns. In our representation of clients, we have prepared extensive written submissions and research papers, made oral representations to Government and provided evidence at Committee hearings.
- Copyright advice and licensing: Our team advises clients across a broad range of industries on copyright issues affecting their business. We provide expert and strategic advice on copyright and content licensing and compliance issues, as well as advising on major commercial transactions involving copyright-related subject-matter.
“Clients return to the practice here time and again for its ‘responsive and accommodating advisers’, who are just as at home whether dealing with contentions or non-contentious matters.”
Chambers Global Guide 2006-2007