Each business’ intellectual property is what gives it an advantage in a competitive environment. Protecting it is, therefore, of fundamental importance.

Central to securing an individual’s or business’ intellectual property is ensuring that they are the ones that rightly benefit from their own innovation – now and into the future.

We are frequently approached by innovative individuals and businesses who have developed a concept and want to know how they can protect it.

We are experienced in implementing strategies that protect intellectual property rights. We do so through innovative or more conventional means such as patents, trade marks and licence agreements, as well as deeds of confidentiality and non disclosure agreements.

We advise clients on the selection of business names, company names, domain names and trade marks and where the name is similar to a competitor or an already-used business name, we advise on passing off and misleading and deceptive conduct under the Trade Practices Act.

We make applications for trade marks and when there are objections, either by the trade mark examiners or third parties, we assist in the progress of the application, including the preparation and submission of supporting evidence.

Our lawyers can also assist in the registration of trademarks in order to protect disputed intellectual property rights. This involves undertaking searches of the public trademark records to determine whether there are any similar registered or pending trade marks; drafting trademark applications; liaising with IP Australia in relation to the trademark applications; and if necessary, defending applications that are rejected by IP Australia.

We also assist clients in the registration of company names, business names and domain names, as well as any changes to those names.

Where intellectual property has been established, we advise clients on how they can further exploit it through licensing third parties to utilise it, or more simply, having a related party conduct the business.

We have prepared a range of documents and advice for clients who have licenced Australian and international parties to utilise their intellectual property.

Harwood Andrews Lawyers also has experience in managing matters of a competitor copying intellectual property, the protection of client lists and processes, confidentiality agreements and misrepresentations.

In the online world, we have successfully acted for clients in challenging domain name registrations by international cyber squatters and others.