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ARTICLE · 16 OCTOBER 2020

My Intellectual Property Has Been Infringed. What Are My Options?

LegalVision
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While proceeding with court action may seem attractive, litigation can be expensive, tiresome and unpredictable.

AustraliaIntellectual Property
Charlotte Hale
Charlotte Hale
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If you discover that your intellectual property has been infringed, it is important that you consider your options and devise a strategy to respond to that infringement in the best way to suit your commercial circumstances. While proceeding with court action may seem attractive, litigation can be expensive, tiresome and unpredictable. Therefore, it is always advisable to consider and explore the other channels available to you. Typically, court action should be the last resort. This article sets out some alternative actions you may wish to consider if you face infringement.

Customs Seizures

If the infringement involves the sale of counterfeit or infringing goods, you may wish to take preventive action with the Australian Department of Immigration and Border Protection (the Department). The Department can keep the goods off the market. In these circumstances, you may be able to lodge a notice of objection with customs. This allows you to request that customs seize

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