Intellectual Property

Intellectual property at all times has a value! In order to protect that value, there are various methods which can allow for registration of certain types of intellectual property.

Working out a strategy for protection, maintenance, authorisation and renewal of your Intellectual Property early on is a great way to avoid future potential actions which could damage your business (such as infringement proceedings).

Intellectual Property law deals broadly with the ownership, transfer, use and protection of an individual’s rights over its creations. Alongside Australian legislation and case law are international agreements (such as the Paris Convention, the Madrid Protocol, the TRIPS Agreement, the Patent Cooperation Treaty, and the Berne Convention) which work together to protect and enforce Intellectual Property rights for Australians within Australia and other jurisdictions. [...]  READ MORE →

By Dylann Brew, a Solicitor of Matthews Folbigg Lawyers in our Intellectual Property Group

In the case of Google LLC v Defteros [2022] HCA 27, Mr George Defteros (“Defteros”) was a criminal lawyer who, in 2004, acted for individuals (including Mr Condello) who became well-known during Melbourne’s “gangland wars”. Defteros and Condello were charged with conspiracy to murder and incitement to murder Carl Williams and others (which were later withdrawn) and were due to stand trial. During the intervening period of the prosecution, the circumstances were widely reported, including various articles in The Age newspaper. [...]  READ MORE →

By Hayley Hitch, Senior Associate and Registered Trade Mark Attorney at Matthews Folbigg Lawyers in our Intellectual Property Group

It is official – Australia has adopted the Madrid Goods and Services list for trade mark applications!

The Madrid Goods and Services list is a list administered by the World Intellectual Property Organisation (also known as WIPO). It is a significantly greater and more exhaustive list than Australia used prior.

IP Australia issued a release stating that “aligning Australian classification standards with international best practice reflects our customer-centric commitment to developing new ways to better support and engage with you.” [...]  READ MORE →

Do you have employees that do not understand their obligations regarding work they create during the course of their employment? Are you unsure of what rights as an employer you have to work product?

The primary position is that any work created by an employee is owned by the employer, including any intellectual property rights within the work. There may be ways in which an employer or employee has contracted out of this position or altered ownership of the various rights. There is also the question of moral rights…but that is for another time. It is a common misconception by employees that any work product they create is their own and they are entitled to all rights to such work product upon leaving their employment. Former employees, [...]  READ MORE →

By Dylann Brew, a Solicitor of Matthews Folbigg Lawyers in our Intellectual Property Group

The metaverse is a virtual space that mimics reality, allowing access through technologies such as virtual reality, augmented reality and artificial intelligence. In contrast to the internet where browsers are considered an ‘observer’, the metaverse is a place where people can ‘live’ and be a part of a virtual space surrounding them.

A core benefit of this is the ability for users to interact and connect with anyone, from anywhere and in any kind of manner – such as from the comfort of one’s home to conduct gaming, exploring, shopping, and collaborating. [...]  READ MORE →

By Hayley Hitch, Senior Associate and Registered Trade Mark Attorney at Matthews Folbigg Lawyers in our Intellectual Property Group

There are many circumstances where the use of a logo, image, word, phrase or other form of mark may be infringing on a registered trade mark. However, it can sometimes be difficult to comprehend or identify when infringement occurs where it is not clear if the alleged infringing mark is actually being used as a trade mark.

Pursuant to s 120 of the Trade Marks Act 1995 (Cth) (“the Act”), a person can only infringe a registered trade mark. Therefore, if a person uses a trade mark but has never taken steps to register the trade mark with IP Australia (and obtain registration), they do not receive the protection and exclusive right provided by the Act to make a claim and/or prosecute infringement of their trade mark. [...]  READ MORE →