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World IP Organisation (WIPO)

Access international arbitration and mediation services

Seek dispute resolution through the WIPO Arbitration and Mediation Center.
Estimated cost:
 US$3k-$9k+, plus legal fees
Estimated effort:
  Months
Rate of resolution:
  92% of users prefer this over litigation to resolve cross-border disputes

ASBFEO

Access help tailored to resolve business disputes 

Australia Small Business & Family Enterprise Ombudsman (ASBFEO).
Estimated cost:
  Free (dispute resolution costs extra)
Estimated effort:
  Days to weeks
Rate of resolution:
  Up to 80% of cases resolved with ASBFEO's help

Negotiation

Agree to a formal commercial arrangement

Work with an IP professional to come to an agreement with another party.
Estimated cost:
  Variable legal fees
Estimated effort:
  Days to weeks
Rate of resolution:
  Over 90% of commercial disputes settle outside court or arbitration

Patent re-examination

Challenge a granted patent

Request a re-examination with IP Australia, to revoke or amend a granted patent.
Estimated cost:
  $800, plus any legal fees
Estimated effort:
  Days (to request)
Rate of resolution: 
  <1% of patents are subject to re-examination

Patent opposition

Challenge a new or amended patent

Initiate a challenge to the validity of a new patent with IP Australia.
Estimated cost:
  $5,000-$50,000+ in legal fees
Estimated effort:
  Months to years
Rate of resolution:
  <1% of patents are opposed

Opposition process

Challenge the registration of a new trade mark

Initiate a trade mark opposition process against a new trade mark with IP Australia.
Estimated cost:
  $650+, plus legal fees
Estimated effort:
  Months to years
Rate of resolution: 
  1-3% of trade marks are opposed

Gauge the situation

Choose not to act immediately

Strategically enforce your IP only when worthwhile.
Estimated cost:
  Free, plus optional professional fees
Estimated effort:
  Days
 

Rebrand your business

Choose to rebrand to avoid potential IP conflicts

Strategically rebrand your business to avoid disputes.
Estimated cost:
  Variable (based on brand value)
Estimated effort:
  Weeks
Rate of resolution:
  High

International disputes

Considerations before enforcing your IP overseas

Find the right assistance to enforce your IP right in the case of infringement happening outside of Australia.