Intellectual Property theft is not as common as many innovators think.  But if it happens, you need to know what to do, and where to get help.

  • Firstly, do you actually “own” the idea?

Do you have any intellectual property protection on your idea and how strong is that protection?  Is it a granted patent? Are the fees paid up to date? Is the alleged infringement within the jurisdiction of your patent?  These are just some of the questions to be considered.

  • Enforcement of your intellectual property is YOUR responsible.

If you and your patent attorney decide to sue for infringement of your IP you will need to prove that you own the IP, and that the infringer has gained commercially from copying your intellectual property.  You will need to establish if sales been made or how they have commercially benefited.

  • To prove an infringement of your intellectual property will cost time and money.

It may be worth considering other options such as alternative dispute resolution (ADR) or a cease and desist letter to circumvent a costly court case.

  • Talk to your patent attorney about any possible infringement and how to proceed.

More info: https://www.ipaustralia.gov.au/ip-infringement/enforcing-your-ip

Do you need help with design, prototyping, grants, commercialisation? Contact INNOVIC on (03) 8060 3504 or www.innovic.com.au

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