Intellectual Property
In today’s fast-moving, information-driven economy, the difference between enduring commercial success and commercial irrelevance can come down to your capacity to protect your ideas, products, innovations, and brand. That is why it is essential that you take protecting and enforcing your intellectual property seriously, and engage the right advisors to guide you through this technical area of law. We advise on various aspects of intellectual property ownership, from its creation, sale, transfer, and licensing, to ensuring it is properly protected across employment and commercial agreements.
Watson Webb has specialist expertise helping local and international clients protect and enforce their copyright, trademarks, patents, registered designs, and plant breeder’s rights.
We will work with you to develop a comprehensive IP strategy, including:
- brand protection, including research, trade mark registration and enforcement;
- product and innovation protection and commercialisation;
- strategic licensing arrangements, research and development collaboration programmes, trade secret protection; and
- running complex intellectual property litigation (regarding ownership, infringement, and validity).
Case Highlights
Across our litigation and commercial teams, we have proven experience in advisory and substantial contentious IP matters, including landmark intellectual property cases in Courts.
All Valve Industries and Cimberio S.p.A v Comino (Federal Court of Australia, NSD 1337/2021 and NSD 1335/2021), ongoing
Acting for an Italian industrial designer‑manufacturer and Australian distributor in complex, multi‑issue IP and commercial proceedings involving entitlement and invalidity under the copyright infringement, Australian Consumer Law issues, breach of contract, breach of confidence, unjustified threats, and claims for additional damages. Cross‑claims include patent infringement, design infringement, and patent invalidity (under the Patents Act 1990). Achieved judgment in favour of clients on liability and entitlement (Watson Webb Pty Ltd v Comino [2025] FCA 871) and a further favourable costs judgment, including third‑party costs (Watson Webb Pty Ltd v Comino (No 2) [2025] FCA 1294). Ongoing inquiry into damages (including additional damages for copyright infringement, unjustified threats, and breach of the Australian Consumer Law).
Comino v All Valve Industries; All Valve Industries v Comino; Comino v Watson Webb (Full Court of the Federal Court of Australia, NSD 1656, 1998 and 2057 of 2025).
Acted in three appeals before Full Court of the Federal Court of Australia. Achieved judgment substantially rejecting complex appeal brought by Comino parties on issues concerning liability findings vis-à-vis breach of confidence, infringement of copyright, remedies for breach of copyright (in design drawing). Achieved judgment dismissing second appeal brought by Comino parties on complex third-party costs orders. Achieved judgment granting All Valve’s and Cimberio S.p.A’s appeal on unjustified threats (under the Designs Act 2003, s 77). Achieved substantial costs orders across all three proceedings (after contested costs determination).
All Valve Industries v Strongcast Pty Ltd & Anor (Supreme Court of New South Wales, 2020/00108196).
Acted for All Valve Industries in proceedings concerning breach of a distribution agreement and alleged contraventions of the Australian Consumer Law. Cross‑claim brought by Strongcast involved tortious passing off, breach of contract, and further ACL issues. Cross-claims for tortious passing off and breach of contract dismissed. Balance of matter settled.
Epoch Group v Carrodus and Another (Federal Court of Australia, NSD 527/2022)
Acted in proceedings involving allegations of breach of confidentiality and copyright. Urgent ex parte search orders had been made against the ex-employee client. Matter settled.
Hartex Engineering & Installation Services Pty Ltd v Krishnaratna & Ors (Federal Court of Australia, NSD 204/2025)
Acted in proceedings involving complex allegations of breach of confidentiality and copyright said to subsist in industrial design drawings. Complex allegations regarding subsistence of copyright and attribution (where works said to be created in Berne Convention non-signatory country). Matter settled.
In the matter of Octinova Holdings Pty Ltd and Ors (Supreme Court of New South Wales, 2024/00250372)
Acted for director and group of companies involved in complex research programmes and where patents and copyright works formed only substantive assets of group. Where corporate governance issues threatened value of intellectual property assets. Applications for receivers, a guardian, and winding‑up were ultimately resolved by settlement.
