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IP LITIGATION AND DISPUTE RESOLUTION

FAL adopts a commercially-focussed approach to the resolution of disagreements, involving negotiation and mediation prior to more robust dispute resolution and/or litigation. We recognise however that disputes can, inevitably, arise from time to time, in particular with matters such as IP and IT. The expense and time that can be required of litigation is of particular importance to many of our clients such lean-structured technology SMEs, so we aim to resolve disputes as quickly and efficiently as possible.

The IT/IP dispute resolution services we offer include:

  • Patent disputes
  • Trade mark disputes
  • Anti-counterfeiting
  • IT disputes (hardware, software and services)
  • Disputes regarding ownership of IP created by employees
Significant matters

FAL acted for the Department of Sustainability and Environment, Victoria in a complex patent dispute to which all States of Australia were proceeding, which was resolved in favour of DSE and other Australian State Governments.

Our lawyers acted for the South Australian Government and businesses in disputes where IT has been developed or customised either as an important or critical part of the business and a dependency has developed as a result. Where necessary, this included re-negotiating the licence terms between the parties.

Our lawyers acted for IT providers in a dispute with several insurance companies arising over compliance with contract terms for the development and support of software that assisted with legislative compliance by insurance companies. This case was successfully resolved in favour of the IT providers and would have resulted in the insolvency of the IT providers if unsuccessful.

Our lawyers acted for a leading clothing supplier in an international trade marks dispute where an overseas retailer sued for non-use of registered marks. Through mediation, this was resolved in favour of our client, once an independent valuation of the marks had been obtained.

FAL Lawyers acted for Hepburn Shire Council in a successful opposition to the registration of trade mark applications 1335106(35) and 1335107(35), Hepburn Bathhouse & Spa, Hepburn Bathhouse and Spa on the grounds that the proposed trade marks were likely to mislead or deceive contrary to sections 52 and 53 of the Trade Practices Act 1974 (Cth).