Disputes
Opposition and Post-Grant Dispute Actions
Catalyst Intellectual Property handles objections, opposition and post grant disputes including revocation actions directly in New Zealand and Australia, and further afield with the assistance of our network of tried and trusted associates.
A successful objection or opposition can prevent registration of patents or trade marks and can assist in defence of your own intellectual property rights.
These dispute actions are technical and complex. They require the specific expertise of patent and trade mark specialists.
Infringement, cease and desist letters, and enforcement
Infringement is the unauthorised use of registered intellectual property (IP) (patents, trade marks or designs) or copyright. Unauthorised use of unregistered intellectual property may also breach common law rights, fair trading legislation or constitute the tort of passing off.
Disputes involving misuse of IP are typically raised in the first instance in the form of a letter from the IP owner to the alleged infringer (often referred to as a “cease & desist” letter). Obtaining legal advice at the earliest opportunity is important to avoid unnecessary cost and energy.
Whilst disputes as to infringement are for a court to decide on, it is usually preferable to resolve issues between the parties.
We can assist with IP disputes across all levels, from assisting cease and desist correspondence, negotiations for pragmatic resolutions, and action through the Courts.
For more information, get in touch with our team.