Expert Intellectual Property Litigation Team
Intellectual property litigation is a core capability of the Actuate IP legal team. Our team are skilled intellectual property litigators with a proven track record of delivering commercially favourable results for its clients. We work with you on a Fixed Fee Dispute Resolution & Litigation Model. It’s a model that delivers more value for you. You won’t find many other law firms that will fix price their litigation services.
We Share In The Risk Of Litigation With You
We don’t charge you by the minute or the hour. In our view the time based model is an outdated methodology that does not meet client expectations. On a time based model how can you be certain your legal team is working in the most efficient way possible to minimise the time that is spent and ultimately paid for by you? By working on a fixed fee basis we share in some of the risk of the cost of litigation with you.
Actuate IP’s fixed fee litigation means we mutually agree on a price for the whole litigation or more commonly up to key stages of the dispute resolution / litigation process. We provide you with a comprehensive Fixed Fee Litigation Structure which details out each stage of the litigation and the corresponding fixed fee for each of those stages.
We’re a law firm that will share in the risk of the cost of litigation. Once a mutually agreed fixed price is agreed to for a pre-defined scope of work we will utilise all the necessary resources to achieve the required outcome. If it means additional time and resources at our end than what may have been originally anticipated, we will wear that additional commitment.
What is Unlimited Access?
With a fixed fee in place you can call us, meet us, email us and vice versa on an Unlimited Basis. You will not be charged for each and every time you communicate with us. That’s direct legal spend saving for you and that’s more value for your IP spend. We offer Unlimited Access because it ultimately means better outcomes with no cost barriers to communication and encourages important information flow between client and lawyer (time based discourages those communications).
Is using a trade mark in a domain name infringing trade mark rights?
In certain circumstances trade mark infringement can also occur on the internet, where a domain name is registered that is identical to or confusingly similar to your trade mark. Also, if the infringer has registered the domain name in ‘bad faith’ (for example, to trick consumers into believing the website is affiliated with the trade mark owner or to benefit from diverted website traffic) then action can be taken to transfer the domain name to the trade mark holder under the Uniform Dispute Resolution Policy (UDRP). An adaption of the UDRP, the .au Dispute Resolution Policy, exists in Australia to resolve disputes concerning .au domain names.
See our Domain Name Disputes page for more information.
How Can We Fix Fee Our IP Litigation Services?
You will find most law firms will not fix fee their litigation (or the majority of its other legal services for that matter). They will often say it’s near impossible to cater for the uncertainties of litigation and price before the event. Why can we? It is because we have extensive experience and we are prepared to offer Unlimited Access. As a result we are confident in our legal strategies to know what is required and what choices will need to be made as the dispute unfolds in order to achieve the right results. Because of this we have the ability (and willingness) to spend the time upfront to comprehensively scope a litigation project for you. This way you get a complete picture of the road ahead with budget certainty before you engage Actuate IP to represent you. Wouldn’t you want that certainty for your business?
We believe our approach is a game changer and a fairer way of working for both the law firm and the client.
When is litigation necessary to protect my IP?
Intellectual property rights are valuable because your intellectual property — be it a patent, trade mark, design, reputational rights, trade secret, confidential information or copyright — is worth protecting and defending. Your intellectual property is often a contributing factor to your marketplace advantage and share. Even if you take steps to protect your IP (whether by registration or written agreements), disputes are likely to arise at some stage. If these disputes escalate, litigation may be necessary. If a matter cannot be resolved, it is then only by enforcing your intellectual property rights can you preserve the value that resides in your IP from erosion by an infringer. Similarly, a well-structured defence against IP infringement claims made by another party will minimise any disruption, cost and damage to your business.
HOW CAN ACTUATE IP ASSIST?
IP disputes can be complex, costly and damaging. Actuate IP’s lawyers have extensive experience in the robust management of a broad range of IP litigation cases including:
- patents
- trade marks
- anti-counterfeiting programs
- domain name disputes
- designs
- copyright
- misleading and deceptive conduct and passing off
- confidential information disputes
- intellectual property contractual disputes
Our intellectual property lawyers have litigated in various jurisdictions including the Federal Court of Australia and Federal Circuit Court of Australia and bring a wealth of intellectual property experience to devise the strategy best tailored to your needs and those of your business. We also work with a close network of overseas trade mark lawyers in all key jurisdictions meaning we can assist you with any international trade mark dispute issues in an efficient way with clear focus on achieving the right outcome.
It is vital that you obtain accurate, specialist advice on how best to deal with intellectual property disputes and intellectual property infringement claims for your particular circumstances. Actuate IP will work with you to manage the intellectual property dispute resolution process and if necessary the litigation process. As a starting point we will invest time at the outset to understand the nature of your dispute and how it relates to your business and what your business wants to achieve from the dispute – whether you are enforcing your rights or defending claims of infringement made by another business against you. With this understanding we will provide you with a detailed and considered Fixed Fee Proposal that provides you with initial recommendations and fixed fee options on how to approach the dispute in a way that will achieve the right outcome for you. You can then decide whether our firm will be the right fit for your business.