Intellectual Property

Intellectual Property

An important consideration when establishing or operating a business is the protection of your intellectual property. It is fundamental to any business. Your intellectual property is your brand, your business’ identity and the very essence of your competitive advantage in business. Prudentia Legal understands your commercial needs and involve an integrated legal practice that provides innovative and comprehensive legal advice and services on the protection of your intellectual property.

Prudentia Legal may help with:

  • Registration and protection of trademarks
  • Advice on branding issues and what can be protected
  • Dealing with IP infringement including misleading and deceptive conduct and passing off issues
  • All aspects of copyright
  • Patents registration
  • Identifying and protecting confidential information
  • Licensing and brand management
  • Anti-fraud and anti-counterfeiting enforcement and project management

Prudentia legal advises on and develops legal strategies to maximize and protect your commercial brands, ideas and technological advances. If you are thinking about protecting your intellectual property, contact Prudentia Legal to see how we can help out.

Patent

Some inventions can be protected by patent. This may be over a device, substance, method or process that is new, inventive and useful. A patent is a legally enforceable right which permits an inventor to exclude others from making, using or selling the invention whilst the patent remains in force. The owner of a granted patent can also stop others making, selling, importing or otherwise using the patented invention for the life of the patent.

It is difficult for people to understand the Patent Laws, how they change, and how they are interpreted by the Courts during infringement cases. Our lawyers will draft the correct content for patent applications, taking the headache away. Contact us for help.

Trade Mark

Trade mark protection is generally available in Australia for “signs” which can distinguish the goods or services of a particular trader in the marketplace, such as words, numerals, letters, devices, logos, shapes, and even scents and sounds. Generally speaking, a sign is to distinguish one trader’s goods or services from another’s.

An effective trade mark strategy is crucial to gaining a competitive edge in today’s marketplace. Prudentia Legal can recognise what makes your business or innovation unique and worth protecting.

Registration of a trade mark is not mandatory, but it does confer very substantial commercial benefits. For instance:

  • A trade mark registration confers nationwide rights (in most cases)
  • A registered trade mark will be an obstacle to any subsequent application by a competitor to register the same or a similar trade mark
  • It offers legally enforceable rights upon a registered trade mark
  • Rights in an unregistered trade mark only arise where a substantial reputation has been developed. This is long and expensive process
  • Unregistered rights only exist in the geographical area in which such a substantial reputation can be shown to exist

Prudentia Legal will advise and implement an appropriate registration strategy and deal effectively with any objections from the Trade Marks Office.

Design

Like trade mark, design registration can be an important part in an IP strategy for protecting technical innovation.  Although often thought of simply in terms of design protection, a registration can also act as an addition or alternative to patent protection.  While design registration protects the appearance of a product, rather than how it works or how it is made, a registered design may still provide significant protection in situations where patent protection is unavailable or not justified.