Intellectual property

Introduction

Intellectual property refers to new or original ideas or inventions which belong to their creator. Such ideas are protected through the law in Australia through such processes as patents, trademarks and copyright. The main concern of legal cases involving intellectual property is the determination of whether or not an idea is genuinely original or not.

At the bottom of this profile are brief details of a number of the experts that Expert Experts represents. Call our office to discuss your requirements and to obtain a recommendation that suits your needs and budget.

What Expert Evidence

Expert witnesses can often be the deciding factor in intellectual property disputes, as they hold the ability to educate and explain to judges and magistrates what is or is not unique about the idea in relation to other of a similar nature. The most common types of ideas or inventions usually require the expert opinion of scientists, engineers or economists which can explain the originality of new inventions or business ideas.

Experts working in intellectual property cases can:

• Demonstrate to judges or juries how an invention may work

• Establish when a patent has or has not been infringed

 

• Explain the practices of IP Australia (government agency of the Department of Industry, Innovation and Science)

Sample Reports

For some fields of expertise we have some sample sections of de-identified reports. Please contact our office if you are interested in a sample.

Cost

The overall cost of expert opinion depends on the services required. Some of the key factors that affect the cost of advice include:

• The need for a view or inspection of a location
• The quantity of documentary material to be reviewed
• Whether there are reports of other experts to be reviewed and commented on in detail
• Whether there is a need for conferences with the expert either in person or by telephone/Skype

Relevant Articles Effective Selection and Retention of Testifying Experts for Patent Infringement Litigation

Expert testimony plays a critical role in patent infringement litigation involving complex technology, often constituting the most important evidence of liability or damages.

What is Intellectual Property?

Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.

PAC Mining Pty Ltd v Esco Corporation [2009] FCAFC 18

Patent infringement dispute involving a mining corporation and the invention of an adapter piece added to excavator buckets to prevent wear where expert opinion was utilised.