What can you do about IP disputes?
This first thing you can do is: don’t panic. IP disputes happen all the time between competitors when competition is getting tough. It’s possible to turn disputes into opportunities.
You can oppose the grant of a standard patent or certification of an innovation patent if you believe it should not be granted or certified in Australia. Patent opposition is conducted before IP Australia but the decision may be appealed to the Federal Court.
You can oppose the registration of a trade mark if you believe it should not be registered in Australia. Trade mark opposition is conducted before IP Australia but the decision may be appealed to the Federal Court or the Federal Circuit and Family Court of Australia.
In addition to the inter partes patent opposition proceeding, patent validity can also be challenged with an ex parte proceeding if it is able to server your business goal, which is more affordable and time efficient.
If a registered trade mark has not been used in Australia for three years, it can be removed from the Register of Trade Marks. This way, you might be able to avoid trade mark infringement or have your own mark registered.
If you are aware of the potential infringement of your IP rights or receive a Cease-and-Desist Letter from other IP owners, please contact us immediately. We will advise on what you need to do.