Intellectual Property Lawyers and Solicitors in Sydney

Intellectual property law protects creations and brands. In Australia the main rights are trade marks under the Trade Marks Act 1995, patents under the Patents Act 1990, registered designs under the Designs Act 2003, and copyright under the Copyright Act 1968, which arises automatically without registration. Related areas include confidential information, passing off and misleading conduct under the Australian Consumer Law, licensing, and the ownership of work created by employees and contractors.

Registration and regulators

Trade marks, patents and designs are applied for through IP Australia, which also hears oppositions to trade mark applications. Patent attorneys and trade marks attorneys are separately registered professions overseen by the Trans-Tasman IP Attorneys Board, and many work alongside solicitors. Domain name disputes for .au names follow a separate complaint policy.

Courts that hear infringement cases

Infringement and validity disputes are heard in the Federal Court of Australia and the Federal Circuit and Family Court of Australia (Division 2), and the Federal Court is the usual forum for patent cases. State courts, including the Supreme Court of New South Wales and the District Court, can hear copyright, confidential information and passing off cases, and their decisions may be appealed. Appeals from IP Australia decisions generally lie to the Federal Court.

Legal aid and free help

Legal Aid NSW does not generally fund intellectual property disputes. The Arts Law Centre of Australia, based in Sydney, offers legal advice and information to artists and creative organisations, and IP Australia publishes free guides and a searchable register of trade marks, designs and patents.

What to bring to a first meeting

• Samples or drawings of the work, product or brand
• Dates and details of first use, publication or sale
• Any existing registrations, applications or licences
• Contracts with designers, developers or employees who helped create the work
• Evidence of any copying, such as screenshots and purchase records

Verifying credentials

Solicitors must hold a current practising certificate, confirmed on the Law Society of NSW register, and barristers are listed by the NSW Bar Association. Patent and trade marks attorneys appear on the register kept by the attorneys board.

The practitioners below act for inventors, creators and brand owners in the Sydney CBD, Parramatta and Western Sydney, the North Shore, the Eastern Suburbs, the Inner West, the South West, Sutherland, the Hills District and the Northern Beaches.

The listings below are alphabetical and are not ranked.

Common questions

Does copyright need to be registered in Australia?

No. Copyright arises automatically when an original work is created and recorded, such as in writing, a photograph or software code. There is no government register. Trade marks, patents and designs are different because they generally require an application and registration before the full statutory rights apply.

Who owns work created by an employee or contractor?

Generally an employer owns copyright in work an employee creates in the course of employment, in the absence of an agreement otherwise. For contractors, the creator usually owns the copyright unless there is a written assignment. For this reason contracts commonly address ownership of intellectual property expressly.

What does a trade mark protect?

A registered trade mark gives the owner exclusive rights to use the mark, such as a name, logo or slogan, for the goods and services it is registered for, and to take action against confusingly similar marks. Registration lasts ten years and can be renewed. Unregistered brands may have some protection under passing off and consumer law.

Intellectual Property lawyers by suburb

Eastern Suburbs

Bellevue Hill, Ben Buckler, Bondi, Bondi Beach, Bondi Junction, Bondi Junction Plaza, Bronte, Centennial Park, Charing Cross, Clovelly, Clovelly West, Coogee, Daceyville, Darling Point, Diamond Bay, Double Bay, Dover Heights, Edgecliff, Hmas Rushcutters, Hmas Watson, Kensington, Kingsford, Maroubra, Maroubra South, Moore Park, North Bondi, Paddington, Pagewood, Point Piper, Queens Park, Randwick, Rose Bay, Rose Bay North, South Coogee, St Pauls, Tamarama, Vaucluse, Watsons Bay, Waverley, Woollahra

Inner West

Annandale, Balmain, Balmain East, Birchgrove, Drummoyne, Leichhardt, Lilyfield, Rozelle, Stanmore, Westgate

North Shore

Artarmon, Cammeray, Castlecrag, Cremorne, Cremorne Junction, Cremorne Point, Crows Nest, Gore Hill, Greenwich, Hmas Platypus, Hmas Waterhen, Kirribilli, Kurraba Point, Lane Cove, Lane Cove North, Lane Cove West, Lavender Bay, Linley Point, Longueville, McMahons Point, Middle Cove, Milsons Point, Mosman, Naremburn, Neutral Bay, Neutral Bay Junction, North Sydney Shoppingworld, North Willoughby, Northbridge, Northwood, Osborne Park, Riverview, Royal North Shore Hospital, Spit Junction, St Leonards, Waverton, Willoughby, Willoughby East, Willoughby North, Wollstonecraft

Northern Beaches

Allambie, Allambie Heights, Balgowlah, Balgowlah Heights, Beacon Hill, Brookvale, Clontarf, Curl Curl, Fairlight, Frenchs Forest, Frenchs Forest East, Freshwater, Harbord, Manly, Manly East, Manly Vale, North Balgowlah, North Manly, Oxford Falls, Queenscliff, Seaforth, Warringah Mall

Sydney CBD and Inner South

Alexandria, Barangaroo, Beaconsfield, Broadway, Camperdown, Chippendale, Darling Harbour, Darling Island, Darlinghurst, Darlington, Dawes Point, Eastlakes, Elizabeth Bay, Enmore, Erskineville, Eveleigh, Forest Lodge, Glebe, Golden Grove, Haymarket, Hmas Kuttabul, Kings Cross, Millers Point, Missenden Road, Newtown, Parliament House, Potts Point, Pyrmont, Redfern, Rosebery, Rushcutters Bay, Surry Hills, Sydney, Sydney South, Taylor Square, The Rocks, The University Of Sydney, Ultimo, Waterloo, Woolloomooloo, Zetland