What Are The Common Intellectual Property Disputes In Perth?

April 26, 2024    propertylawyersperthwide
What Are The Common Intellectual Property Disputes In Perth?

Developing new goods, services, creative works, and technologies often requires a large investment of time, energy, and resources by entrepreneurs. Quite naturally, intellectual property protection is crucial to prevent unauthorized copying or use by competitors. These accusations are reciprocal; you must ensure that your company respects the rights of others.


Entrepreneurs may be exposed to expensive and time-consuming intellectual property conflicts if they do not have a team of professional intellectual property lawyers in WA for legal representation. The most common IP disputes that might impact your company and your lawyer can help with are listed below.


1. Software Piracy Claims

Software piracy is unauthorized software use, replication, distribution, or sale. You might be able to file a piracy claim if an organization or individual distributes, reproduces, or copies your software without the required authorization—including if they make unauthorized copies for their own use.


Moreover, expert WA property lawyers can help you get compensation if you find illegal copies of your program with keygens, cracks, or other ways to get around licensing or activation restrictions.


2. False Advertising Claims

If you use bait-and-switch campaigns, phony testimonials, and product comparisons that suggest misleading information, or if you make false or exaggerated claims about your items’ qualities, features, or benefits, you could be charged with false advertising. Ensure you have the supporting documentation for any factual claims in your advertising materials since claims without adequate substantiation or scientific evidence may result in intellectual property litigation.


3. Licensing Disputes

Licensing agreements for the use, sale, or distribution of IP, such as patents, copyrights, and trademarks, may give rise to disputes. These conflicts may be about terms of the contract, accusations of violations, or questions about the license’s extent.


When one side doesn’t carry out its end of the bargain, like not paying royalties or delivering the required number of products, disputes could occur. When one party feels the other is utilizing the leased intellectual property (IP) outside of the permitted scope or improperly, problems may occur.


4. Employee Intellectual Property Disputes

Conflicts regarding who owns, uses, or protects intellectual property developed while staff is employed can result in employee intellectual property conflicts between employers and employees. When an employee creates intellectual property using corporate assets, such as facilities, machinery, or confidential data, disagreements about who owns the works and how much ownership the company has in them may occur.


This is where businesses can seek legal counsel from their intellectual property lawyer in Perth, who has expertise in handling employee dispute cases.


5. Domain Name Disputes

When someone tries to use your website domain name improperly, domain name disputes may occur. Misuse can take many different forms. Cybersquatting, for instance, is the practice of registering a domain name that is either identical to or equivalent to your trademark or brand to take advantage of the goodwill attached to it.


Additionally, they can try to overcharge you for the domain name by selling it back to you. Furthermore, if a domain name contains your brand and may cause confusion for users, you may need to file a lawsuit to defend their rights. Your domain is your property in the digital world. So, contact one of the top property lawyers in Perth if your domain name has been misused in any of the ways mentioned above.


6. Trade Secret Misappropriation

When someone uses or divulges proprietary knowledge or trade secrets with independent economic worth without permission, it’s known as trade secret misappropriation. Should a former worker steal your trade secrets—like customer lists, production procedures, or proprietary formulas—and utilise them to launch a rival company, you could be able to file a trade secret infringement lawsuit.


7. Other IP Infringement

  • Patent Infringement: With a registered patent, the owner can forbid unlawful use, manufacturing, or sale of their original inventions and developments. Direct, indirect, and literal infringement are common allegations of patent infringement.
  • Copyright Infringement: Claims of copyright infringement occur when someone uses your creative works without your permission for distribution, reproduction, or exhibition. The works may consist of written content, including content from websites, graphics, music, or photographs.
  • Trademark Infringement: When a brand is used in interstate commerce, trademarks allow the brand’s owner to safeguard valuable intellectual property rights. When someone utilizes your company’s registered trademark without permission, it will likely cause customers confusion, and a trademark infringement lawsuit may be brought.


Maintaining intellectual property rights is essential to safeguarding ideas and their influence on the growth and development of different sectors. The top lawyers in Perth are skilled and knowledgeable in recognizing and registering different types of intellectual property. For a consultation, get in touch with the best lawyers right now!

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