Intellectual Property

Leveraging intellectual capital to create a business edge is a key driver for business globally. The laws protecting intellectual property, including copyright, trade marks, patents, designs and trade secrets, are increasingly complex.

MinterEllison’s intellectual property team is at the forefront of intellectual property development globally. Our large and diverse team advises on the creation, acquisition, commercialisation, protection and enforcement of intellectual property rights and has forged an enduring reputation working with leading local and global organisations.

Branding is the key IP driver for industries such as food, wine, household products, luxury goods, apparel, cosmetics, financial services, aviation and telecommunications. We clear new brands, register and maintain trade mark portfolios and enforce registered trade marks and reputation rights. We work with our clients’ marketing and management teams on advertising strategies, clearing product performance claims, watching competitors’ conduct and defending challenges.

For content and technology in media, entertainment, education and services, our copyright lawyers negotiate and arbitrate licensing disputes, counsel and advise, strategically oversee policy reform discussions and enforce copyright against infringers, including counterfeiters.

In the patent-critical sectors of mainstream pharmaceutical, biotechnology, research and development and manufacturing, our technology-savvy lawyers counsel on patenting strategies, litigate, and transact licensing, partnering and other commercialisation deals. We counsel on compliance and represent companies under investigation or challenge in these highly regulated sectors. We litigate intellectual property validity and infringement issues, particularly in patents.

Qantm IPO and ASX listing

Advised QANTM Intellectual Property Limited in relation to its initial public offering and listing on the Australian Securities Exchange, which included a restructure of the Davies Collison Cave and FPA Patent Attorneys partnerships in connection with listing.

NEXT trade mark protection

Acted for NEXT plc in Trade Mark Office proceedings and Federal Court proceedings seeking to secure the NEXT trade mark in Australia. This case was successfully resolved and Next plc now trades in Australia.

PFK misuse of confidential information

Acted for Fresenius Kabi Pty Limited (PFK) and its related international body corporates in Anton Piller proceedings against a former employee who misused PFK's confidential information and trade secrets, and infringed PFK's copyright. The matter subsequently settled on favourable terms to PFK.

Trade mark portfolio management

Management of large trade mark portfolios for Qantas, SingTel Optus, American Express, Sonic Healthcare, Scholastic Australia, Webjet, SCA Hygiene, Nielsen and AXA - often involving bringing and defending proceedings for opposition and revocation in domestic and international jurisdictions.

Global Carbon Capture and Storage Institute

Originally a A$400m venture funded by the Australian Government, the Global Carbon Capture and Storage Institute has more than 200 members including the sovereign governments of Australia, China, UK, US, Japan, as well as multinational resources and energy enterprises and leading research organisations to support the commercial adoption of carbon capture and storage technology through sharing of knowledge.