Intellectual property infringement is the infringement or violation of an intellectual property right. There are several types of intellectual property rights, such as copyrights, patents, trademarks, and designs. There are also actions available for "passing off" whereby an entity passes itself off as having some association with an entity that has a name, brand or other intellectual property rights.

Each of these rights/claims are outlined below:

Copyright infringement– this is the unauthorised or prohibited use of works under copyright, infringing the copyright holder's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works (it can extend to music, movies, books etc);

Patent infringement - is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. Permission may typically be granted in the form of a licence (paying a license fee or royalty). The definition of patent infringement may vary by jurisdiction, but it typically includes using or selling the patented invention. In many countries, a use is required to be commercial (or to have a commercial purpose) to constitute patent infringement;

Trademark infringement - is a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the license). Infringement may occur when one party uses a trademark which is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services which the registration covers. An owner of a trademark may commence legal proceedings against a party which infringes its registration; or

Passing Off – is an action that can be taken to enforce unregistered trademark rights. Passing Off occurs where a trader makes a misrepresentation (written or verbally) that their goods or services are those of, or associated with, another trader, who as a result suffers damage to his goodwill. An action may also be commenced where a product looks similar to that of a well known brand, so as to cause confusion for consumers.

We can advise in relation to infringements, assist with business name registrations and advise on intellectual property issues generally. We can also direct you to appropriate trademark and patent attorneys to assist you to properly register your intellectual property rights so you have the best possible protection.

Call one of our Commercial Lawyers for free initial telephone advice on your circumstances on (02) 9525 8688.