IP Lawyers Sydney
Intellectual property lawyers’ Sydney businesses rely on
Sydney’s Intellectual Property Law Experts
Protect your brand and navigate complex intellectual property matters with ease with a team of experienced Sydney IP lawyers by your side.
Heathfield Grosvenor Lawyers provide tailored intellectual property law advice and solutions for small, medium, and enterprise-level businesses. With the right advice and guidance, the HG Law team provides solutions that safeguard the long-term financial success and brand assets of your business.
Accessible IP law support advice means protection for businesses of all shapes and sizes through different stages of their business lifecycle. Backed by decades of experience tackling a range of intellectual property law cases relating to trademarks, patents, copyright, and trade secrets, we are committed to providing astute, effective, and affordable legal advice for all facades of IP law in Sydney.
The Importance of IP Law Services and Guidance
Intellectual property or IP is what separates your business from other, competing organisations. From the look and feel of a product or service, to the ideas and innovations that go into them, protecting your intellectual property is crucial for any business.
Any new product, idea, or service that your business develops belongs to you. Intellectual property law safeguards the interests of businesses and provides an opportunity to safeguard and commercialise these creations.
Our Intellectual property lawyers in Sydney safeguard the ideas, inventions, and creative expressions of businesses across countless industries. Whether this means recouping costs associated with research and development (R&D) or simply, keeping competitors at arms-length from your exclusive right to profit from them, IP law is an essential part in safeguarding business interests.
What Is Covered Under Intellectual Property Law?
Copyright
Copyright infringement occurs when a person or business publishes or communicates part or a substantial part of works in Australia without consent from the copyright owner. As a business or individual, the Copyright Act 1968 ensures protection against any infringement to intellectual property that occurs under the guise of copyright infringement.
Patents
Patents are intended to protect any new inventions such as substances, devices, methods, or processes. When dealing with intellectual law and protection, patents ensure that inventions cannot be commercially made, distributed, imported, or sold without the express permission of the patent’s owner.
Trademarks
Registering a brand or business name isn’t enough, it’s essential that your registered brand is protected by trademark. A trademark ensures that your business name, logo, image, shape, scent, sound, and anything else synonymous with your brand enjoys monopoly protection in all Australian states and territories.
Trade secrets
In the digital age, protecting trade secrets is more complex than ever before. Unlike patents or trademarks, trade secrets are not registered. Instead, trade secrets are protected through a range of measures including laws relating to confidential information, non-disclosure agreements (NDAs), information handling, and IP protection policies and guidelines.
Registered Designs
Our Sydney intellectual property lawyers assist with managing design rights and protecting registered designs through registration, renewal, responding to infringements. This process ensures that your registered designs cannot be used by other parties for commercial gain in Australia.
Digital Asset Protection
As a business, protecting your digital assets has never been more important (or complex). From sharing information with employees to clients, and prospects, digital asset protection ensures protection for proprietary software code, algorithms, and all online and digital content owned by your business.
Why Choose Us?
Our specialist intellectual property lawyers in Sydney have extensive experience across a range of common and complex IP law cases. Our fixed-fee pricing means that we’re committed to delivering affordable solutions, rather than running up the clock. By providing affordable legal advice in Sydney, we ensure that our clients have access to ongoing legal support and protection as they need.
When you partner with Heathfield Grosvenor Lawyers for your intellectual property law matters, you can rest assured knowing that your legal problems become our problems to solve.
Our Sydney IP Lawyers
Christopher Chang
Chris was originally admitted as a solicitor in England & Wales and worked in London for an award winning and highly regarded firm established in 1881.
Rebecca Campbell
Rebecca is a Senior Lawyer practicing in commercial and civil litigation.
IP Law FAQs – Answered
The original creator of work is, in almost all cases, deemed to be the owner of that intellectual property. Intellectual property law is applied based on the circumstance in which IP is created. If, for example, an employee creates work for an employer, the employer becomes the owner of that intellectual property. In this instance, the ownership rights may be transferred by the employer to other parties as they deem appropriate.
Copyright violation occurs when an unauthorised party recreates all or a substantial portion of an original work without the express permission of the works’ owner.
It is important to remember that the substantial portion test is a qualitative rather than a quantitative test. As such, it does not matter how much of an original work has been copied, it is about the quality or essence of what has been taken that is used to determine whether it is ‘substantial’. If you believe that your copyright has been infringed – irrespective of quantity of works, it’s important to consult an intellectual property lawyer for advice.
Australian businesses and individuals are protected against copyright infringement under the Copyright Act 1968. Under the Copyright Act, the following remedies are available for copyright infringements:
- Injunctions – a court issued injunction that prevents an infringing act or orders the removal of infringing content.
- Damages – copyright owners may claim damages for any losses that are suffered as a result of copyright infringement including lost profits, as well as additional damages designed to act as a deterrent to others.
- Account of profits – a court may order the infringing party to pay damages for any profits that were made as a result of the infringement.
- Statutory damages – in some cases, courts may award statutory damages outlined under the Copyright Act 1968. These damages can range from a minimum of $500 to a maximum of $200,000 for each piece of infringing work.
- Delivery up or destruction of infringing copies – the court may order for all infringing copies of work to be delivered up or destroyed to prevent any further infringements taking place.
- Criminal sanctions – Copyright infringement can become a criminal offence in which fines and or imprisonment are ordered.
We work with clients across a range of industries including professional, scientific, and technical services, construction, healthcare, retail trade, education and training, accommodation and food services, arts and recreation, electricity and water services, manufacturing, IT and telecommunications, manufacturing, and wholesale trade. Across these sectors, we provide IP legal services that provide protection and assurance for brands and companies of all shapes and sizes.
We provide fixed-fee costs that are based on results – not time. We implement cost capping, blending rates, and combinations that are tailored for your matter. For ongoing legal support and advice, Our HG Essential Counsel provides weekly/monthly costing structures for advice on tap.
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Under Australian law, victims of copyright infringement may be entitled to an account of profits or compensatory damages under s.115…