Enforcement

Cease & Desist – Stand & Deliver

Gestalt Law is unique as we are dually qualified as Patent and TradeMarks Attorneys and as Lawyers. We do not simply focus on the registration process and refer you off to lawyers at the first sign of conflict. Rather, we understand the whole process and can assist you in enforcing your rights, defending your position and resolving conflict. Similarly, it is an added advantage in having litigation lawyers who fully understand the IP registration process.

Intellectual Property rights are commercially very valuable assets and are worthwhile protecting and defending.

In a situation of conflict, any well advised owner of Intellectual Property rights will know that the registered Intellectual Property rights can be vulnerable to possible removal, attack or read down as part of the delicate public policy balancing act.

Commercial conflict is an inevitable part of business. However, we understand that businesses want to allocate their resources to positive projects and we will always keep this top of mind in handling contentious issues on your behalf. Where settlement best serves our client’s interests, we make every effort to achieve a favourable resolution of an Intellectual Property dispute. We are also very experienced at negotiating and drafting settlement agreements, co-existence agreement, assignments, and licenses.

We can advise you on the limitations of the Intellectual Property rights in a contentious context, likely responses & outcomes, typical tactics and strategy for a favourable resolution.

We are experienced with opposition proceedings through IP Australia, disputes via .au Dispute Resolution Policy (auDRP), proceedings through the Federal Court and Federal Circuit Courts.

Gestalt Litigation & Dispute Resolution Services:

  • Patents, TradeMarks, Designs, Copyright, Passing Off and Australian Consumer Law.
  • Strategic advice on disputes.
  • Oppositions.
  • Non-use, revocation and rectification proceedings.
  • IP Litigation.
  • IP Mediation.
  • Anti-counterfeiting.
  • Customs Notices for seizure of counterfeit goods.
  • Parallel importation.
  • Online disputes.