Intellectual Property

Our experience

We help commercialise and defend our clients’ most valuable assets: their brand, their reputation and their intellectual property.

Our Intellectual Property (IP) practice takes an integrated approach to the management, development, protection and commercialisation of technology and intellectual property. We work with our Corporate and M&A and Startup & Venture Capital teams on transactions, licensing and growth, and with our Employment & Workplace Advisory and Dispute Resolution & Litigation teams where IP ownership, confidential information or infringement issues arise.

We develop effective licensing, research collaboration and defensive strategies to maintain our clients’ competitive edge.

Our team has considerable experience defending the intellectual property rights of local and international clients against third-party infringement, as well as defending clients against infringement claims. We also work closely with clients to develop effective marketing initiatives, including advertising and promotional campaigns across a variety of media platforms.

We represent iconic Australian and international brands, particularly in the retail and fashion sectors, as well as entrepreneurs and institutions at the forefront of emerging industries.

“The ABL IP team has a broad range of experience, and is able to “think outside the IP box” and to leverage its experience in other practice areas for the benefit of its clients in IP disputes.”

Client quote, Legal 500 Asia Pacific

Our work

Beyond International

Advised in relation to a dispute with an international media company over the naming of a new online media business.

Namatjira Legacy Trust

Acted in the successful resolution of Australia’s longest-running intellectual property dispute concerning the ownership of the copyright in the lifetime works of Australia’s most iconic Indigenous artist, Albert Namatjira.

Palla Pharma

Acted in Federal Court proceedings involving allegations that Palla Pharma infringed Tasmanian Alkaloid’s patent for a high codeine poppy variety. Palla Pharma cross-claimed for invalidity of the patent. The proceeding involved novel legal and evidentiary issues concerning the patentability of plant based material.

Zip Co

Advised in relation to various licensing and intellectual property agreements.

Retail Food Group

Acted in relation to a trademark dispute against a major American retail chain.

Smart Badge

Advised on the development and registration of various intellectual property rights, including patents and trade marks.

Jalna Dairy Foods

Acted in a trademark and copyright dispute with an Australian yoghurt business.

Fonterra

Advised in relation to proceedings in the Supreme Court of Victoria on a trade mark licence.

The Just Group

Advising in relation to copyright and trade mark disputes and claims brought by and against Australian fashion retailer, The Just Group, including subsidiaries Just Jeans, Smiggle, Peter Alexander and Dotti.

Industry Super Australia

Providing ongoing advice to Australian superannuation fund, Industry Super Australia, on its intellectual property and branding issues, including its “In good hands” advertising campaign.

Greenpeace Australia Pacific

Advising Greenpeace Australia Pacific (part of Greenpeace, a major global campaigning organisation, and licensee of the Greenpeace trademark in Australia) in relation to the unauthorised use of the name “Greenpeace” by other parties.

Memories

Advised in relation to various intellectual property rights, including its portfolio of trade marks.

Probiotec

Advised in relation to intellectual property rights.

TPI Enterprises

Acted in relation to a patent dispute related to a variety of patents concerning biotechnology and associated research and development.

Intellectual Property services

We assist clients to implement effective policies, procedures and contractual arrangements to:

identify, register, monitor and defend IP rights
control the use of IP through an effective licensing strategy
preserve ownership of IP and protect the business against IP infringement by employees, licensors or third parties
protect trade secrets through confidentiality agreements
create technological protection measures and
defend domain names against cyber squatters.

Where IP disputes arise, our lawyers focus on resolution with minimal risk to our client’s reputation, productivity or profitability.