Phillips Ormonde Fitzpatrick Lawyers
Enforcement and Dispute Resolution
Enforcing Your IP Rights
We advise our clients (whether as IP owners or as alleged infringers) and act for them in relation to patent, trade mark, registered design, domain name, plant breeder’s rights, confidential information and copyright disputes.
Whilst most intellectual property litigation is conducted before the Federal Court of Australia, we also have experience in representing clients in the Federal Magistrates Court, State Supreme Courts and on appeal before the High Court of Australia. We also act in contested matters concerning registration of intellectual property rights decided by IP Australia.
Many of the cases we have handled involved parties that are engaged in multi-jurisdictional disputes over the same IP. We have experience in litigation where the IP right has been based on complex technology and where the proceedings have entailed the handling and analysis of large numbers of documents.
We have represented clients in some landmark intellectual property cases in Australia, including the High Court decisions in Lockwood Security Products Pty Ltd v Doric Products Pty Ltd (2004* 226 ALR 70 and (2007) 235 ALR 202 in which we successfully represented the Appellant.
Multinational clients we have successfully represented in litigation include:
- General-Motors Corporation
- The Coca-Cola Company
- Exxon-Mobil Oil Corporation
- SocieteBic SA
Dispute Resolution
We assist clients to resolve disputes concerning ownership and infringement of intellectual property, minimising the need for litigation whenever possible.
Our extensive experience as litigation lawyers enables us to give realistic advice concerning the likely outcome of litigation, which often facilitates early settlement.
We have considerable experience in providing infringement advice and opinions, preparing and responding to letters alleging IP infringement, negotiating and concluding settlements, and representing clients in the mediation of intellectual property disputes.