Surveillance of persons of interest, especially market stall proprietors, retailers or wholesalers.
Bad faith evidence is becoming increasingly important, particularly in relation to domain name disputes. We have access to a variety of sources of information that can track a registrant's WHOIS history and establish a pattern of behaviour.
Our reports are provided in a format that can be easily transferred into a Statutory Declaration or Affidavit.
As Registered Australian Trade Marks Attorneys with more than 20 years’ experience in the field of intellectual property and trade mark, NovelIP have extensive knowledge as patent information consultants and patent searchers and are able to guide you through the complexities of patent information.
A simple patent or design search can save your client a lot of time, money and effort in the long run!
NovelIP conduct three main types of patent investigations including:
Landscape investigations involve conducting comprehensive searches of Australian and International patent, design and non-patent literature to provide context to the state of the art at the priority date of patents or designs. These investigation reports can be used to give informed opinions on the novelty and inventive/innovative steps of the patent claims.
Novel IP Investigations has access to free and commercial databases such as Derwent World Patent Index™, EmbaseⓇ and Food Science and Technology Abstracts (FSTAⓇ).
Targeted investigations are conducted to identify secret use or disclosures of the inventions or designs by inventors and authors before the priority date.
Novel IP Investigations can conduct investigations that scour publications, conference records, employee records, social media, etc. to identify and pursue leads to potential disclosure such as presenting at conferences, using prototypes in a commercial setting, discussions with suppliers, offers to sell to customers or competitors, etc.
Family and Equivalent investigations are conducted to identify patent or design applications or registrations sharing a common priority document with a property of interest, and report on their status. We do this through a methodical process involving data mining and foreign associates.
Our client had been accused of infringing a certified Australian design.
A background check on the design author/owner revealed where they had been living and working in the years immediately before the priority date. Further investigations of social media, historic versions of websites on the deep web and telephone inquiries established that the author had disclosed the invention prior to the design priority date at an industry event and to several customers.
Given this evidence, lawyers were able to subpoena records and invalidate the design. The matter was subsequently resolved out of court and our client continued to manufacture and sell their product.
Our reports are provided in a format that can be easily transferred into a Statutory Declaration or Affidavit for use by our clients moving forward.
Through a network of business names and long established contacts we have access to trade only exhibitions and shows which allow us access to wholesalers and importers.
We can attend these shows to identify counterfeit goods before they hit the public or conduct investigations directly which companies that are usually difficult to contact.
We attended an industry trade show on behalf of a client. We identified a company offering a counterfeit product on a wholesale basis. We obtained an admission that this company was the direct importer.
Attendees at trade shows must wear identification tags on a lanyard bearing the individual’s name and the company they work for. We conducted surveillance and identified a number of individuals placing wholesale orders for the counterfeit product. We took note of the companies they represented and monitored their retail stores in the weeks and months to come and were ready to act as soon as the products appeared in their stores.
These investigations secured undertakings from the importer/wholesaler, small independent retailers and a large Australia wide chain store network.
Our reports are provided in a format that can be easily transferred into a Statutory Declaration or Affidavit.
Through expert search and investigation methods we can identify online and physical retailers of counterfeit, infringing or closely resembling goods.
NovelIP are experienced across a wide variety of industries as varied as clothing, grocery, accessories, footwear, jewellery and watches, alcohol, mining equipment, building supplies, automotive, financial services, cryptocurrencies and electronics.
We understand the nuance and peculiarities of individual industries and the trade channels through which they market and sell to their consumers -be they individuals or businesses.
Each matter is approached on a case-by-case basis and a tailored investigative strategy is developed. We exhaust all non-deceptive methods of inquiry before contacting the target in line with the Federal Court of Australia’s decision in Australian Competition and Consumer Commission V Apple Pty Ltd (No 3) [2018] FCA 617. When we can see no other way of obtaining the required information, we develop a suitable pretext with which to approach the target, ,preferably in writing via email or online form.
If you require controlled purchases of goods or services we can execute transactions in person or online and have strict processes in place to support the Continuity of the evidence.
Our reports are provided in a format that can be easily transferred into a Statutory Declaration or Affidavit.
Controlled Purchases of Counterfeit, Infringing, or Closely Resembling Goods
Know where the infringing goods or services are being sold? Then we can conduct controlled purchases of counterfeit, infringing, or closely resembling goods from online and physical traders.
Our strict systems and processes ensure the Continuity of evidence is maintained and we are up to date with current decisions such as Australian Competition and Consumer Commission v Apple Pty Ltd (No 3) [2018] FCA 617 to insure the admissibility of our evidence.
Our reports are provided in a format that can be easily transferred into a Statutory Declaration or Affidavit.
Contact us and we’ll be in contact to discuss a strategy that meets your objectives and budget.
Novel IP conduct investigative surveys of the landscape of goods and/or services in the market. These are invaluable in establishing whether a trade mark is capable of distinguishing goods and/or services.
We attend a large variety of purchase points and obtain in situ photographic, video and observational evidence of the product packaging, placement and merchandising of goods and/or services of interest.
Our evidence has been cited in a number of published cases including:
Our reports are provided in a format that can be easily transferred into a Statutory Declaration or Affidavit.
Contact us and we’ll be in contact to discuss a strategy that meets your objectives and budget.
Evidence to establish a nexus between your client’s goods and/or services and those of a competitor can be invaluable in a number of circumstances examining similar goods or closely related services including Section 44 and Section 58A cases.
Novel IP is experienced in conducting investigations and gathering evidence into the nature of the goods; the respective uses of the articles; and the trade channels through which the commodities are respectively bought and sold.
We have provided evidence in a number of cases including:
Our reports are provided in a format that can be easily transferred into a Statutory Declaration or Affidavit.
Under Australian copyright law, as the creator and maker of an original creative work, you have an automatic right to protect your work from individuals and companies copying and reproducing that work.
The following types of work can be protected by copyright:
NovelIP have conducted many successful copyright investigations involving artistic works, text, sound recordings, music compositions, dramatic works and computer programs. We collect and provide evidence to help you protect your client’s exclusive right to:
If your client thinks that a copyright infringement or intellectual property rights violation has occurred, Novel IP Investigations can help.
As part of a copyright infringement investigation, NovelIP attended markets and identified stalls selling pirated video games. One investigator covertly photographed the goods and the person selling them. Our investigator then went back to our vehicle and prepared and printed individually tailored cease and desist letters for each infringement. A second investigator then served the letters and obtained undertakings. The use of two investigators helps to keep our anonymity and allows us to attend the market regularly and confirm that undertakings are being followed.
Our client was representing the owner of copyright in house plans. They were asserting that their copyright had been infringed in the house plans that another builder was advertising. Our client hadn’t been able to determine who was responsible for the creation of the infringing plans – the building company or the drafting agency. Through a series of email inquiries, we secured an admission from an individual within the building company that they had copied the house plan and were responsible.
Our copyright infringement investigation reports are provided in a format that can be easily transferred into a Statutory Declaration or Affidavit for use by our clients moving forward.
If you would like advice or help with copyright or trademark infringement, please contact us and a trademark consultant will be in contact to discuss a strategy that meets your objectives and budget.
NovelIP’s methodical and strategic approach to Intellectual Property portfolio audits are an integral part of any due diligence process relating to company mergers or acquisitions.
We have a long history of partnering with corporate lawyers to conduct comprehensive, multi-faceted investigations of registered intellectual property rights that include:
These investigations are equally valuable to a vendor or purchaser. They establish the exact nature of a portfolio and being open and transparent fosters an environment of good faith and prevents contractual problems that may arise later in the transaction.
