Intellectual Property

Gilbert + Tobin’s Intellectual Property (IP) practice is a leader in the Australian market. Our IP Lawyers advise across the full spectrum of IP law including copyright, patents, brand protection and trade marks, false advertising, breach of confidence, database protection, commercial IP licensing, product liability, cyber security and anti-counterfeiting. IP enforcement is a speciality. We consistently work at the cutting edge of IP law, with clients whose business success is based squarely on the successful management of complex IP issues.

    Our Approach

    Protecting, managing and commercialising IP assets is crucial for any market-leading business seeking a competitive advantage and requires the guidance of experienced specialists.

    We have a dedicated team of over 25 intellectual property lawyers that practice exclusively in IP law to provide our clients with a depth and breadth of directly relevant expertise. Our partners are ranked as leading Australian IP lawyers in the main legal directories including Chambers, Legal 500, Managing Intellectual Property, the World Trademark Review, Doyles Guide, AsiaLaw and PLC Which Lawyer.

    Our clients include a wide range of Australian and international companies in fields as diverse as consumer electronics, content, entertainment, software, FMCG, mining, and financial services. Common to our client base is the expectation of sound strategic advice, innovative approaches, robust representation in proceedings and an unswerving focus on their commercial objectives.

    Our services by our Intellectual Property team:

    Enforcement: As a leading intellectual property law firm, we advise on all aspects of IP protection, enforcement and recovery. Our IP lawyers are widely recognised for constantly raising the bar in IP enforcement. Our IP experts have successfully litigated a number of the most difficult and challenging intellectual property cases in Australia, including the Roadshow/iiNet case, the IceTV case, and the Kazaa and Cooper cases.

    Brand protection: We manage significant brand portfolios both locally and overseas. Our comprehensive brand protection services span everything from strategic filing advice and clearance searches through to the registration; defence of registrations (oppositions and non-use removal options); enforcement and recovery of trade marks, domain names and associated company and business names; and IP audits.

    Commercialising IP: We are regularly involved in identifying and auditing IP assets; negotiating and drafting strategic licensing and assignment agreements; and negotiating and drafting content agreements for internet and traditional businesses. We also have strong experience in the protection of confidential information, trade secrets, data protection and privacy.

    Intellectual Property Team of the Year – winner 2020, 2017, 2015

    AUSTRALIAN LAW AWARDS

    Ranked Tier 1 for Intellectual Property

    LEGAL 500

    Ranked Band 2 for Intellectual Property

    CHAMBERS 2022

    Ranked Gold for Prosecution and Strategy; and Gold for Enforcement and Litigation

    WORLD TRADE MARK REVIEW 2022

    Ranked Tier 1 for IP Transactions; Trade mark (contentious); and Copyright.

    Ranked Tier 2 for Patent (contentious)

    Ranked Tier 3 Trade mark (prosecution)

    IP STARS 2021

    Ranked Tier 1

    MEDIA LAW INTERNATIONAL

    Recognised as a Leading Contentious Intellectual Property Law Firms – NSW and Leading Non-Contentious Intellectual Property Law Firms - NSW

    DOYLES GUIDE

    The firm's ability to balance technical and practical perspectives is especially appreciated by clients, one noting: "The team consists of extremely knowledgeable practitioners, with a keen understanding of both legal and commercial considerations.

    Chambers Asia Pacific 2022

    "What sets them apart is the combination of top-quality advice, excellent service delivery and commercial pragmatism."

    CHAMBERS & PARTNERS 2021

    Gilbert + Tobin’s IP team “is particularly formidable in high-profile litigation involving some of the most significant copyright, patents and trade mark cases.”

    LEGAL 500 2022

    The group is known for its “Reliability, credibility and creative thinking.”

    LEGAL 500 2022

    "Lawyers on Gilbert + Tobin’s IP team utilise ‘their great strategic thinking skills and exceptional work ethic’ in providing partner-led advice to clients regarding contentious and non-contentious issues concerning all types of IP rights."

    LEGAL 500 2020

    “Gilbert + Tobin is distinguished as an elite all-round performer in the brands space. This is confirmed by feedback from patrons who call it ‘one of the best IP firms you can instruct’, while praising its lawyers as ‘whip-smart strategists who bring about excellent outcomes’.”

    WORLD TRADE MARK REVIEW 2022