On 18 February 2019, the Australian Government passed legislation which repeals the limited exemption in section 51(3) of the Competition and Consumer Act 2010 (Cth) (CCA) for conditions in the licensing or assignment of intellectual property (IP) rights.
Gilbert + Tobin’s Intellectual Property (IP) practice is a leader in the Australian market. Our innovative team consistently works at the cutting edge of IP law, with clients whose business success is based squarely on the successful management of complex IP issues.
Protecting, managing and commercialising IP assets is crucial for any market leading business seeking a competitive advantage and requires the guidance of experienced specialists.
We have a dedicated team of over 20 lawyers that practices exclusively in IP law. All of our partners are ranked as leading Australian IP lawyers in the legal directories including Chambers, Legal 500, Managing Intellectual Property, the World Trademark Review, AsiaLaw and PLC Which Lawyer. With a national focus, offices in Sydney, Melbourne and Perth and specialists across the range of IP disciplines, we have the capacity to provide the highest levels of service. We routinely cover the spectrum of intellectual property issues, including copyright, patents, brand protection and trade marks, false advertising, breach of confidence, database protection, commercial IP licensing, product liability and anti-counterfeiting.
Our clients include a wide range of Australian and international companies in fields as diverse as consumer electronics, content, entertainment, software, FMCG, mining and financial services. Common to these retainers is the need to provide sound strategic advice, robust representation in proceedings and unswerving focus on client commercial objectives.
- Enforcement – We advise on all aspects of IP protection, enforcement and recovery. Our IP litigators are widely recognized for constantly raising the bar in IP enforcement. We have successfully litigated a number of the most difficult and challenging intellectual property cases in Australia, including the Roadshow/iiNet case, the IceTV case, and the Kazaa and Cooper cases.
- Brand protection – We manage significant brand portfolios both locally and overseas. Our comprehensive brand protection services span everything from strategic filing advice and clearance searches through to the registration; defence of registrations (oppositions and non-use removal options); enforcement and recovery of trade marks, domain names and associated company and business names; and IP audits.
- Commercialising IP – We are regularly involved in identifying and auditing IP assets; negotiating and drafting strategic licensing and assignment agreements; and negotiating and drafting content agreements for internet and traditional businesses. We also have strong experience in the protection of confidential information, trade secrets, data protection and privacy.
- Winner: Intellectual Property Team of the Year, Australian Law Awards 2017
- Winner: Intellectual Property Team of the Year, Australian Law Awards 2015
- Winner: Australian Copyright Practice of the Year, Asia IP Awards 2014