intellectual property lawyers

In today’s competitive landscape, protecting your Intellectual Property (IP) is essential to safeguarding your brand, innovations, and creative assets. From trade mark registration to enforcing Intellectual Property rights, having an experienced Intellectual Property lawyer ensures your business remains protected under Australian intellectual property law.

At Macpherson Kelley, our award winning IP lawyers provide expert legal services for businesses and individuals navigating the complexities of trade mark infringement, patents, and copyright issues. Our lawyers are business advisors who look at where IP fits into your overall business strategy and how to make it work for you. Whether you need to licence IP to a third party, file a trade mark application in China or understand section 41 of the Trade Marks Act, our team delivers strategic legal solutions tailored to your needs.

services

Intellectual property rights can be the foundation of your business’s success. Your trade marks, patents, and copyrights are vulnerable to infringement without proper legal protection. Our team of Intellectual Property lawyers in Australia offers proactive legal strategies to help businesses protect their assets and mitigate risks. We advise on all aspects of Australian Intellectual Property law, such as:

  • Application and competitor watching services
  • Australian Border Force notices of objection (customs watches)
  • Brand, product and technology licensing
  • Business names
  • Confidential information and trade secrets
  • Copyright, trade marks, patents, designs
  • Counterfeit goods

Intellectual property rights can be the foundation of your business’s success. Your trade marks, patents, and copyrights are vulnerable to infringement without proper legal protection. Our team of Intellectual Property lawyers in Australia offers proactive legal strategies to help businesses protect their assets and mitigate risks. We advise on all aspects of Australian Intellectual Property law, such as:

  • Application and competitor watching services
  • Australian Border Force notices of objection (customs watches)
  • Brand, product and technology licensing
  • Business names
  • Confidential information and trade secrets
  • Copyright, trade marks, patents, designs
  • Counterfeit goods
  • International IP protection
  • IP creation and assignments
  • IP litigation and dispute resolution
  • IP ownership consolidation and transfer
  • IP reviews and audits
  • IT software and internet advice
  • Parallel (grey) import strategies
  • Plant breeders rights
  • Portfolio management
  • Registration and renewal of IP rights
  • Social media, domain names and cybersecurity
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our awards
and rankings

2023

world trademark review 1000 – prosecution and strategy – bronze
ip stars – trade mark – notable firm

2022

the legal 500 – intellectual property – band four

2020
world trademark review 1000 – prosecution and strategy – bronze
ip stars – trade mark prosecution – notable firm
doyles guide – intellectual property – queensland – third tier

2019
world trademark review 1000 – recommended
ip stars – trade mark prosecution – notable firm
the legal 500 – asia pacific – intellectual property
doyles guide – intellectual property – queensland – recommended

recent experience

  • defending local salumi maker's trade mark

    We successfully defended Borgo Salumi against an attempt by an Italian salumi manufacturer to stop our client from registering its trade mark in Australia. The Italian firm, A.I.A. Agricola Italiana Alimenare claimed our client’s trade mark was too similar to its own. We showed the two trade marks were not similar and the Australian Trade Marks Office dismissed AIA’s case, allowing Borgo to use its trade mark.

  • consolidating IP strategy after audit

    Our client, a communications company, was undergoing a restructure and asked us to conduct a full audit of its intellectual property. We identified the IP and developed a strategy to isolate it in appropriate companies. Our ability to simplify complex transactions enabled the client to achieve its goal of restructuring its corporate group, consolidating its IP into appropriate entities and minimising any tax issues associated with the movement of the IP.

  • beefing up gym's IP

    Macpherson Kelley assisted leading US fitness centre franchise Planet Fitness, Inc. to establish a presence in Australia, laying the groundwork for an expansion across the country. We advised Planet Fitness on all legal issues around entering the Australian market, including effective management of its intellectual property assets. We created an intercompany licence for Planet Fitness’s IP to enable the Australian head franchisor entity to create new franchises. We also prepared an interim licence to permit existing gyms in Australia to continue to use the company’s IP while either converting to a non-Planet Fitness gym or while arranging to become a Planet Fitness gym. All Planet Fitness IP was analysed by the firm and we advised on future strategy for ongoing protection, including filing of further trade mark applications.

common questions

  • why choose macpherson kelley for your intellectual property needs?

    We specialise in protecting your Intellectual Property with tailored legal strategies. Our experienced Intellectual Property lawyers understand the complexities of IP law and work closely with clients to safeguard their innovations, brands, and creative assets. We provide expert guidance to ensure your Intellectual Property is secure and your rights are fully protected.

  • what is the meaning of intellectual property law?

    Intellectual Property law protects the rights of individuals and businesses over their creative and commercial assets. This includes trade marks, patents, copyrights, and designs, ensuring that original ideas, brand identities, and innovations are legally safeguarded from unauthorised use or infringement. It also provides the legal framework to enforce trade marks, allowing businesses to take action against misuse and protect their brand identity.

  • what are the four types of intellectual property law?

    The four key areas of Intellectual Property law are:

    • Trade marks – Protect brand names, logos, and distinctive signs used in business.
    • Patents – Grant exclusive rights over inventions, preventing others from making or selling them without permission.
    • Copyright – Safeguards original works such as literature, music, and art.
    • Designs – Protects the visual appearance of products, ensuring originality in commercial markets.
  • understanding the Trademarks Act

    The Trade Marks Act 1995 governs trade mark registration and protection in Australia. Trade marks distinguish your brand from competitors and provide legal recourse against misuse. Our lawyers help clients navigate the Trademark Act, providing advice from brand inception to expansion. Our expert team provides intelligent recommendations to ensure trademark applications meet exhaustive distinctiveness requirements and withstand legal challenges to maintain brand and business longevity.

    From filing to enforcement, our trademark lawyers assist in every step of the process to strengthen your brand’s legal standing.

  • how can you enforce trademark rights & handle infringement claims?

    If your registered trademark is being used without permission, taking swift legal action is essential. We handle disputes related to trade mark infringement in Australia, assisting businesses in enforcing trademarks and preventing brand dilution. We handle disputes related to trademark infringement in Australia, offering robust legal representation in negotiations, cease-and-desist actions, and litigation.

  • how can patent protection & legal advice safeguard your invention?

    A well-structured patent is crucial for protecting innovative products and processes, ensuring competitors can’t exploit your ideas. Our patent lawyers guide clients through the patent registration process, ensuring full compliance with local and international Intellectual Property regulations. With expertise in science and technology, our team has the unique skillset required to assist in securing legal protection for your invention and develop strong patent protection strategies in defending infringement claims.

  • what is copyright law, and how can it protect your creative works?

    Creative works, such as literary, artistic, and digital content, are automatically protected under copyright law. However, enforcing these rights requires legal expertise. Our copyright lawyers provide advice on copyright registration, licensing, and enforcement strategies to prevent misuse of creative assets, ensuring your Intellectual Property remains secure.

  • how can international trademark & IP protection benefit your global business?

    Securing an international trademark is essential when expanding globally. Our Intellectual Property lawyers in Australia are globally connected and can assist clients in navigating IP regulations around the world, ensuring their trademarks, patents, and copyrights are protected in key global markets. Whether you’re entering new markets or safeguarding existing IP internationally, we provide expert legal guidance to support your global business strategy.

secure your brand’s intellectual property

Protecting your Intellectual Property requires proactive legal strategies and expert guidance. Our team of Intellectual Property lawyers in Sydney, Brisbane, Dandenong and Melbourne is dedicated to safeguarding your business’ most valuable assets.

Macpherson Kelley provides tailored legal solutions to secure your Intellectual Property. Contact us today to discuss your IP protection needs, or visit one of our many offices:

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