Australian IP Litigation

[Ben Sand]

After reading the responses to Sheng's post about NDAs last month, I have a few questions of my own.

I am in the process of drafting NDAs, Proprietary Information and Invention Agreements and non compete agreements (please add to this list anything else you think worth while).

I am using the NDA generatorl provided by IP Australia to get some NDA basics out and I am looking to arm myself with information before taking professional legal advice.

I would like to know what part (or parts) of the Australian legal system are typically used to handle disputes relating to breach of NDA, patent infringement, copyright infringement and other IP related matters.

I would also like to review recent case history relating to IP litigation. Are the proceedings of these hearings typically made public, or do they have to be made public? Is there a record of court proceedings relating to IP litigation anywhere?

Thanks,

Ben Sand

[Jeromy Evans]

Hi,

This page at IP Australia identifies the relevant (fragmented)
legislation:
http://www.ipaustralia.gov.au/resources/legislation_index.shtml

It also identifies which courts are relevant (all of them), and some
of the groups that publish IP related decisions (LexisNexis and CCH).
Get in their mailing list if it interests you.

The database of databases of hearings and decisions is at:
http://www.austlii.edu.au/
and IP australia publishes patent and trademark related decisions:
http://www.ipaustralia.gov.au/resources/hearings.shtml
and all the courts have their own database too.

Note that an experienced lawyer will be able to cite all the relevant
clauses of the relevant acts, relevant cases and relevant decisions
off the top of their head. They'll also know (of) the person that
made the decision (eg. judge), their personality, their bias and the
mood they were in on the day. They love this stuff and you'll get a
lot of value out of speaking to an expert.

cheers,
Jeromy Evans
http://www.linkedin.com/in/jeromyevans

[Guy Tucker]

Hi Ben,

I've just recently joined this group.

IP lawyers are the people usually responsible for handling litigation
matters (however, they may also enrol the services of a barrister).

An IP lawyer is different to a Patent Attorney (I am a Patent
Attorney) who provides advice on how to protect your IP. The patent
law limits the acts that a Patent Attorney can perform in relation to
court proceedings, but we are able to act for a client in front of IP
Australia. There are however a handful of patent attorneys who are
also IP lawyers.

Many IP lawyers specialise in specific matters, such as contractual
breaches, trade mark infringement, patent infringement, copyright
infringement etc. Therefore, it is recommended that you find someone
suited to your specific requirements.

All the best

Guy Tucker (Ellis Terry)

On Feb 1, 8:32 am, Ben Sand <b...@bensand.com> wrote:

[1_Place]

Hi Ben

We have a series of questions regarding the role of NDAs at:
http://1place.com.au/expert/expert_wizard.php?area_id=7

Links to publicly available NDAs are available at
http://www.1place.com.au/expert/expert_wizard.php?area_id=9 (including
IP Australia's IP generator that you refer to).

This should add to the information that you have so far.

All the best

Michael (Patent Attorney + Solicitor)
http://www.1p.com.au

[Frances Jones]

Thanks for that info Jeromy, very helpful.

Frances Jones
http://twitter.com/FrancieJones

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