Intellectual Property Disputes

Intellectual property (IP) law is continually evolving and often hotly contested. We have one of the leading top tier dispute resolution practices in Australia and work closely with our clients who respect us for our ability to resolve complex disputes with commercially desired outcomes. We do so quickly and discreetly while retaining reputation and business relationships, often before the litigation stage.

Where litigation is inevitable, we are experts at developing strategies designed to secure the best outcome for our clients, having regard to the commercial imperatives and objectives in each particular case.

Clients regularly engage us for strategic problem solving and technical IP expertise, to help manage their disputes and develop a successful national or global IP strategy. Covering all aspects of IP law, we have extensive experience representing clients in all Australian courts at all levels, including before IP Australia.

Results driven and commercial legal thinkers

Our team can offer unique insights and unmatched expertise from being involved in many of Australia's landmark IP cases. We lead on the longest-running litigation, on ‘first-of-their-kind’ cases and on the most confidential strategic advice across all manner of IP disputes.

We work with some of the world’s notable brands including an enviable list of global companies, blue-chip Australian corporates and institutions (many ASX listed) across all sectors, as well as global A-list celebrities and accelerating start-ups and entrepreneurs. They entrust us with the management and enforcement of their IP portfolios in Australia, often resulting in us acting on many high profile, challenging and legally significant IP cases.

Our expertise in action

• Spirits International: we successfully acted in long-running and highly complex litigation defending SPI Spirits from legal claims brought by the Russian federation concerning ownership of the STOLICHNAYA vodka trade mark, which had no parallel in the Australian court system and of which proceedings formed part of a global dispute.
• Samsung Bioepis: we represented Samsung Bioepis in a biosimilar patent dispute against Fresenius Kabi, where Samsung Bioepis brought revocation proceedings in the Federal Court. This Australian dispute was part of multi-jurisdictional litigation – the case also being litigated in the UK, Denmark and other European jurisdictions.
• The University of Sydney: we advised on a long-running large and complex Federal Court litigation against ObjectiVision, involving Multifocal Visual Evoked Potentials technology and allegations of patent infringement, copying of software and breaches of a patent licence and shareholders agreement, which resulted in a comprehensive victory for the University.
• Jay-Z: we advised on trade mark infringement, copyright infringement, misleading and deceptive conduct and passing off proceedings (Federal Court of Australia) against The Little Homie Pty Ltd for promotion and publication of a children’s book titled “AB to Jay-Z” (and related publications), utilising registered and unregistered trade mark rights, copyright, goodwill and reputation owned by internationally renowned music artist, performer, investor, entrepreneur and cultural icon Shawn Carter (stage name ‘JAY-Z’), which was settled on favourable terms.