Intellectual Property Ownership:

In relation to Intellectual Property, Navado has experience in three key areas being copyright, trademark and patents.

The law relating to copyright is governed by the Copyright Act 1968 (Cth). The legislation is voluminous and the provisions contained therein create a complex matrix of principles, prohibitions and exceptions. Matters that are covered include what material copyright can subsist in, who can deal with this material and in what manner, as well as available exceptions.

The owner of the intellectual property can be the author or creator of the work or a person to whom the rights are assigned by the author or creator (eg an employer), or the author’s or creator’s estate after his death (but only for a specific period of time).

Violations of copyright are a violation of the proprietary rights of an individual who owns that copyright. That proprietary interest can represent a valuable asset to the individual or the business. These violations can be prosecuted and significant penalties may apply.

The law relating to intellectual property rights is becoming an increasingly pressing concern for businesses operating throughout Australia. Intellectual property can constitute a vital asset that constitutes a significant portion of a business’ value, as well as its potential for further wealth generation.

Trademarks are sometimes exploited by operation of two of more business entities acting in concert or cooperation. This may be the case in situations where the owner of a trademark may not have the means to exploit it on his own. In this case, an additional party may enter into a business relationship with the owner of the trademark. An example may be two parties, one who is the owner but is impecunious, and another who does not own the trademark but has the finances necessary for investment. The same can of course be true for other kinds of intellectual property such as copyright and patents (for more information, see our section on “Copyright Legal Advices” and “Patent Infringements & Disputes”).

A patent is a right that the inventor of an invention can acquire, so that he or she alone can exploit it for his or her benefit. This is based on the proposition that there should be a broad incentive for people to engage in innovation knowing that their efforts will be rewarded. Ordinarily, the patent can extend to an eight or twenty year period, depending on the type of invention (whether the patent is an innovation or a new invention). A patent infringement will occur through the unauthorized exploitation of a patent.

A patent can be a very lucrative business asset, so it goes to reason that an inventor or innovator will want to protect it from exploitation by others. Infringements should therefore be dealt with either by dispute resolution, or if this is unsuccessful, through litigation. Taking appropriate action will protect your right of ownership in the patented work, protect your market share, the resulting commercial benefit and revenue, protects your reputation from substandard products and maintains the value of your business.

If you require assistance with an intellectual property matter, we recommend that you contact our firm and arrange an appointment to see one of our Property & Personal Property Dispute Solicitors. To book, please call us on (02) 9233 4048 or send an email to info@navado.com.au. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.