Intellectual Property
Intangible assets deserve the same protection as tangible ones.
Harvard Legal provides legal services across intellectual property law, spanning trade marks, copyright, patents and enforcement. We assist clients in protecting, managing and enforcing their IP rights in New South Wales, across Australia and internationally.
IP strategy is most effective when it is aligned to commercial plans: what is registered, in which jurisdictions, and how rights will be licensed or enforced.
The Australian legislative framework
In addition to federal legislation, NSW statutes support enforcement, including the Civil Procedure Act 2005 (NSW) and the Fines Act 1996 (NSW), which facilitate civil enforcement of IP rights.
- Trade Marks Act 1995 (Cth)
- Governs the registration and protection of trade marks in Australia. Registration provides strong legal rights, including exclusive use of the mark nationwide.
- Copyright Act 1968 (Cth)
- Provides copyright protection for original works, including literature, music, film, software and artistic works, without any requirement for registration.
- Patents Act 1990 (Cth)
- Governs patent rights in Australia.
- Designs Act 2003 (Cth)
- Relates to the registration and protection of industrial designs.
International context and treaties
We assist clients in using these treaties to secure and enforce protection beyond Australia.
- TRIPS — the WTO agreement setting minimum standards for IP regulation.
- Madrid Protocol — facilitating international registration of trade marks.
- Berne Convention — standardising copyright protection across member countries.
- Paris Convention — governing patents, trade marks and industrial designs internationally.
- WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty — addressing digital copyright.
Enforcement and dispute resolution
Enforcement options include injunctions to restrain infringing activity, damages for economic loss, an account of profits and orders for the preservation of evidence. Criminal proceedings are available under the Copyright Act and Trade Marks Act for unauthorised copying and counterfeiting.
Disputes are handled through negotiation and settlement, administrative procedures with IP Australia, litigation in the Supreme Court of NSW and the Federal Court of Australia, and alternative dispute resolution including arbitration and mediation.
Frequently asked questions
Is copyright registration required in Australia?
No. Under the Copyright Act 1968 (Cth) copyright subsists automatically in original works without registration. We can nonetheless advise on evidencing ownership, licensing and enforcement.
Can a trade mark be protected outside Australia?
Yes. The Madrid Protocol allows international registration of trade marks, enabling protection across multiple jurisdictions through a single application process.
Discuss your matter with Harvard Legal.
We will explain your options, the process ahead and how we can assist.