Intellectual Property

Gilbert + Tobin’s Intellectual Property (IP) practice is a leader in the Australian market. We advise across the full spectrum of IP law including copyright, patents, brand protection and trade marks, false advertising, breach of confidence, database protection, commercial IP licensing, product liability, cyber security and anti-counterfeiting. IP enforcement is a speciality. We consistently work at the cutting edge of IP law, with clients whose business success is based squarely on the successful management of complex IP issues.

Our Approach

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 25 lawyers that practices exclusively in IP law to provide our clients with a depth and breadth of directly relevant expertise. Our partners are ranked as leading Australian IP lawyers in the main legal directories including Chambers, Legal 500, Managing Intellectual Property, the World Trademark Review, Doyles Guide, AsiaLaw and PLC Which Lawyer.

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 our client base is the expectation of sound strategic advice, innovative approaches, robust representation in proceedings and an unswerving focus on their commercial objectives.

Our services 

  • Enforcement: We advise on all aspects of IP protection, enforcement and recovery. Our IP litigators are widely recognised 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.

Ranked Tier 1 for Intellectual Property

Legal 500 2019

"Gilbert + Tobin is noted for its ‘service, accessibility and commercial and strategic advice’."

Legal 500 2019

Chambers 2019 ranked Intellectual Property and says “[The Gilbert + Tobin team is] notable for its breadth of skills, advising on transactional and contentious copyright, design, patent and trade mark issues. Serves an impressive range of both local and global corporates, and is especially known for its prominence in the technology and media sectors, where it advises on gaming, software and online systems. Also possesses expertise in areas as diverse as mining and healthcare. Offers comprehensive skills on IP transactions including issues of royalty and distribution fee disputes, and marketing laws.”

Chambers & Partners Asia-Pacific 2019

Referees underline its "outstanding client service," as well as its "in-depth technical knowledge and the depth of its resources."

Chambers 2019

Clients laud the strength of the team's contentious practice, one saying: "They're great, fiercely intelligent and aggressive, which is what you need."

Chambers 2018

Recognised as a Leading Contentious Intellectual Property Law Firms – NSW and Leading Non-Contentious Intellectual Property Law Firms

NSW by Doyles Guide

Ranked Tier 1

Media Law International

“Home to robust corporate, technology, copyright and trademark practices, Gilbert + Tobin is a popular port of call for large-scale litigation.”

World Trademark Review 2019

"Anybody familiar with the legal landscape in Australia will know the name Gilbert + Tobin – the full-service powerhouse lights up every instruction in which it is involved. Flanked by a thriving corporate practice, the IP team routinely advises on high-value transactions."

World Trademark Review 2018

Intellectual Property Team of the Year

Australian Law Awards 2017