What we do
- IP infringement & dispute resolution
- IP commercialisation
- Doing business on the Internet
- Consumer protection
- Trade promotions
IP infringement & dispute resolution
In IP disputes involving trade marks, designs, patents and copyright, we provide advice on the validity of the subject matter and whether or not there has been Infringment. We also advise in relation to breaches of confidential information including matters where potential breaches of confidence may arise out of termination of employment. In recent years, the cost of litigation has deterred parties from engaging in litigation to resolve disputes involving IP rights, so in most of these disputes, our clients prefer to resolve the matters commercially and amicably if possible. As a result, more and more of our work involves negotiating the resolution of disputes outside the courts rather than doing battle in them. Proceedings will, of course, issue in cases where a client needs urgent relief against infringement or to bring a reluctant defendant to the negotiating table or where negotiations have failed to reach a satisfactory outcome. In such cases, we are able to represent our clients in such proceedings in all relevant jurisdictions in Australia.
We conduct IP due diligence and IP audits . We also advise, draft and negotiate all forms of commercial documentation involving intellectual property, including:
- assignments of IP
- IP licences
- manufacturing agreements
- supply agreements
- distribution agreements
- software development agreement
Doing business on the internet
The last ten years have seen more and more businesses moving to trading on the Internet. We aim to keep our clients aware of the differences between the so-called traditional ways of doing business and the new world of trading electronically. As a result, we advise on all aspects of e-commerce including website terms and conditions and trading on the internet both in Australia and overseas.
Our aim is to ensure that our clients are aware of the traps and pitfalls of consumer law and, in particular, their need to comply with the provisions of the Australian Consumer Law. That means our advising on misleading and deceptive conduct, labelling, and product representations. We also negotiate disputes involving misleading and deceptive conduct and, if these disputes escalate to litigation, represent our clients in the relevant courts.
When it comes to advertising, we aim to instil into our clients the maxim that prevention is cheaper than cure. That’s why we like to become involved with advertising campaigns from their initial stages so as to ensure early compliance with the law as well as with relevant industry codes of practice and thus avoid the potentially expensive exercise of our not clearing final copy. And avoid the cost of litigation.
Our clients seek our advice in respect of all elements of trade promotions and competitions. As a result, we need to be aware of the provisions of relevant state and territory legislation in order for us to draft appropriate terms and conditions for those promotions and competitions.
As part of our service to clients, we prepare and lodge permit applications and thereafter deal with the relevant authorities to obtain the necessary approvals.
With recent changes to privacy legislation in Australia, there is a growing need for even relatively small businesses to understand the need to comply with Australia’s privacy laws. We are able to advise on all aspects of privacy legislation including compliance and data management and, if required, prepare privacy policies for our clients.
Each member of the EKM legal team is a member of The Law Institute of Victoria the peak professional body representing Victorian lawyers.