This IP First Response website has been designed to help IP rights holders navigate IP infringement and enforcement by making it visible, accessible, and to provide information about the factors involved in pursuing different options. It does not provide legal, business or other professional advice, and none of the content should be regarded as recommending a specific course of action. We welcome any feedback via our IP First Response feedback form and by emailing us.
What is it?
Scammers may pretend to be rights holders, lawyers or even government agencies to demand money, personal details, or business changes from innocent parties.
If you believe that the allegation of infringement from the other party is a scam or of a fraudulent nature, you could consider reporting scams or criminal behaviour to an appropriate authority. You can also consider consulting a legal professional such as a trade mark attorney, patent attorney or IP lawyer to assess the claims made by the other party and obtain legal advice.
Common tactics used by scammers include emails or letters claiming your trade mark, business name or domain name is infringing a registered trade mark or other IP rights. They might threaten to sue unless you pay a fee, or demand that you register your IP right using their services, often at an inflated cost. You might also receive phone calls impersonating legal professionals or IP Australia officers. For more information on scams relating to IP rights, see IP Australia's page: Scams related to managing IP rights.
Several Australian federal and state bodies can help, depending on the situation:
- The Australian Competition and Consumer Commission (ACCC), through its Scamwatch service.
- The Australian Signals Directorate's Australian Cyber Security Centre (ASD's ACSC).
- The Australian Federal Police (AFP) and state or territory police investigate fraud, impersonation, and criminal extortion.
- IP Australia.
Reporting fraudulent activity promptly can help protect others and build evidence for enforcement.
What are the benefits?
- Can give you more certainty around whether the threat is genuine or a mere scam.
- Alerts enforcement bodies so they can investigate and warn others.
- May help prevent further contact from scammers.
- Helps protect your business from financial loss or reputational harm.
- Builds a formal record that could support future legal steps.
What are the risks?
- Dismissing a genuine claim of infringement as a scam or a fraud could result in escalation from the other party, and the delay might be detrimental to you. For more information on how to assess a letter of demand that you have received, see IP First Response's page: Receiving a letter of demand.
What are the possible outcomes?
- Your report may be logged to help identify scam patterns.
- A public alert may be issued by the body you report to, with your report helping inform these warnings.
- Police or regulators may investigate, potentially leading to charges against the scammer.
- You may receive confirmation and reassurance that the claim appears to be a scam.
What might the costs be?
There is no cost to report to Scamwatch, ReportCyber, IP Australia or your local police.
However, you will need to pay the fees of any legal representative or IP professionals if you choose to seek their advice or assistance regarding the process.
How much time might be involved?
Reporting time depends on how much information you have. Some forms are short, but follow-up steps or investigations may take longer.
Response times vary depending on the agency and the nature of the report. Even if there’s no follow-up, your report remains helpful.
How much is this used?
Data specific to IP scams is unavailable, however the ACCC’s Scamwatch service noted that in 2024 they had 249,448 scams reported to them, with reported losses estimated at $318,762.688.
The Annual Cyber Threat Report 2023-2024 published by the Australian Cyber Security Centre states that they received over 87,400 cybercrime reports were received in FY2023-2024.
Who can use this?
- Any individual or business that has received a suspicious IP-related threat or who suspects they have been targeted by a scam using IP claims.
Who's involved?
- You – the person or business targeted by the threat.
- The scammer or group making the false claim.
- (Optional) Legal professionals such as IP lawyers, trade mark or patent attorneys.
- A federal or state agency that you choose to engage.
What do you need to proceed?
If you believe that the other party is fraudulently claiming that you have infringed their IP, you could consider making a report to an appropriate authority.
Scamwatch
The ACCC collects scam reports to detect patterns and issue public alerts through its Scamwatch service.
If your IP is being used as part of a scam or fraudulent activity (for example through email phishing activity), or if you have been the victim of a scam related to someone else’s IP rights, you can report this activity to Scamwatch, using their Report a Scam page.
The Australian Signals Directorate's Australian Cyber Security Centre (ASD's ACSC)
Scams or fraudulent activities often take the form of cybercrimes, using a computer or online network to target victims.
ReportCyber is the Australian Government's cybercrime reporting tool. They assess all cybercrime reports and assign the relevant ones to police and other law enforcement agencies for investigation. If you believe that the other party is using IP as part of fraudulent activity or criminal threats through digital channels such as emails, text messages, phone calls or social media, you can consider reporting this activity to Reportcyber using their Report page.
IP Australia
IP Australia accepts reports of suspected misuse of its name or processes. You can read more about these on IP Australia’s website at Scams related to managing IP Rights | IP Australia. You can also learn how to report these at How to report fraud and corruption | IP Australia.
Federal and state police agencies
The AFP and state or territory police investigate fraud, impersonation, and criminal extortion.
If you believe that the other party is involved in a serious cybercrime or a criminal fraud, you may also consider directly alerting the Australian Federal Police (AFP) or your State and Territory Police.