Intellectual Property Dispute Lawyers Brisbane
Your IP has commercial value. When it is misused, copied, or stolen, the damage starts immediately.
A competitor reproduces your proprietary technology. A former employee takes your client database and trade secrets to a rival. Someone uses your brand, artwork, or content without authority and profits from it. IP disputes are disputes about real commercial assets. They require fast, strategic legal action, not a slow-moving process.
Boyle Litigation acts for businesses, business owners, and individuals in intellectual property disputes across Queensland and nationally. We are a specialist commercial litigation firm. We bring the same discipline to IP enforcement and defence that we bring to every high-stakes commercial dispute: clear strategy, decisive action, and a focus on outcomes.
Who We Act For
We act for:
- Business owners and companies whose IP, confidential information, or brand has been misappropriated
- Employers and former employers pursuing restraint of trade, breach of confidence, or trade secret claims
- Individuals and companies facing IP infringement claims who need a strategic defence
- Startups and technology companies protecting proprietary systems, software, and processes
- Creative professionals, media businesses, and publishers in copyright enforcement disputes
- Franchisors protecting IP against franchisees in breach of system obligations
IP Disputes We Handle
Boyle Litigation handles the disputes end of intellectual property law. We do not advise on IP registration or prosecution. What we do:
Breach of Confidence and Trade Secret Misappropriation
Confidential information is often a business’s most valuable asset: customer lists, pricing strategies, proprietary processes, software source code, and commercial relationships. When that information is taken or misused, the damage is often immediate and difficult to reverse.
We act in breach of confidence claims arising from:
- Former employees using or disclosing confidential information after departure
- Competitors unlawfully accessing proprietary business information
- Business partners, suppliers, or contractors misusing information provided in confidence
- Corporate espionage and internal data theft
Urgent injunctive relief is often available to stop the ongoing misuse and prevent further dissemination. Speed matters. We move quickly.
Copyright Disputes
Copyright protects original creative and functional works: software code, written content, designs, photographs, film, and music. Infringement occurs when a work is copied, reproduced, or adapted without authorisation.
We act in copyright disputes involving:
- Unauthorised reproduction or copying of software, literary works, and creative content
- Website, marketing, and design content appropriation
- Copyright ownership disputes between creators, employers, and commissioners
- Licensing disputes and breach of copyright licence terms
- Digital piracy and online infringement
Trade Mark Disputes
Trade marks protect brands: names, logos, and signs that distinguish goods and services in the marketplace. Trade mark disputes arise in two main contexts: infringement, where a third party uses a mark without authorisation; and opposition and validity disputes, where the right to register or maintain a mark is contested.
We act in trade mark disputes involving:
- Passing off and trade mark infringement in commercial markets
- Disputes over trade mark ownership between business partners and co-founders
- Brand misappropriation and copycat conduct in the same market
- Enforcement against importers, retailers, and distributors of infringing goods
Restraints of Trade and Post-Employment IP Obligations
Many IP disputes arise when an employee leaves and takes proprietary information, client relationships, or intellectual property with them. The legal framework spans employment law, equity, and IP law simultaneously.
We act for employers enforcing:
- Confidentiality obligations and non-disclosure agreements
- Restraints of trade and non-compete clauses
- Non-solicitation obligations protecting client and staff relationships
- Return of company IP, devices, and proprietary materials on departure
We also act for departing employees and executives who need to understand their obligations and challenge overreaching restraints.
Design and Patent Disputes
Design disputes arise when a third party copies the appearance of a registered or unregistered design. Patent disputes involve the validity or infringement of patented inventions. Both categories involve complex technical and legal questions. We act for parties with material commercial exposure in these disputes, working with technical experts where required.
IP Licensing and Contract Disputes
IP licensing agreements are commercial contracts. When they are breached, disputed, or poorly drafted, commercial consequences follow. We advise on licensing disputes involving:
- Royalty payment disputes and accounting claims
- Breach of exclusivity arrangements
- Termination of licensing agreements
- Disputes over the scope of licensed rights
Urgent Relief: Injunctions to Stop the Damage
Many IP disputes require immediate court intervention. Where a breach is ongoing and damages alone would not adequately compensate the loss, an interlocutory injunction can be obtained on short notice to stop the infringing conduct while the dispute is resolved.
Courts can grant urgent orders to:
- Restrain ongoing use of confidential information or trade secrets
- Stop reproduction or publication of infringing material
- Prevent passing off or trade mark infringement in the market
- Compel return or destruction of misappropriated IP
- Preserve evidence at risk of being deleted or concealed
Injunctions are not available in every case. The applicant must demonstrate a serious question to be tried, that the balance of convenience favours the order, and that damages would not be an adequate remedy. We assess these requirements quickly and move when the circumstances justify it.
How We Approach IP Disputes
IP disputes are won or lost on evidence, speed, and the quality of the legal strategy. We focus on three things from the outset:
Evidence First
Before any other step, we assess the evidence: what was taken, when, by whom, and what damage has resulted. The strength of an IP claim is almost always an evidence question. We identify what you have, what you need, and how to preserve it.
Speed When it Matters
Ongoing IP infringement compounds. Every day the infringing conduct continues is a day more damage is done. We assess urgency on day one and move to interim relief where the circumstances warrant it.
Commercial Realism
IP litigation can be expensive. We tell you honestly whether the likely recovery justifies the cost, what the realistic outcomes are, and which pathway produces the best result for your commercial position. We pursue litigation when it makes sense and negotiate from strength when it does not.
Why Boyle Litigation
Litigation only
QLS Accredited Specialist
Fast when urgency is real
Commercial realism
Discreet by default
National reach
We practise commercial litigation exclusively. IP disputes are not an afterthought. Every matter gets the same strategic discipline.
Our Managing Partner holds QLS Accredited Specialist status in Commercial Litigation, held by fewer than 4% of Queensland solicitors.
Injunctions, urgent evidence preservation, and interlocutory applications handled without delay.
We advise clearly on prospects, cost, and realistic outcomes. We do not encourage matters where the economics do not make sense.
IP disputes involve sensitive commercial information. We handle every matter with the discretion the circumstances require.
Brisbane-based. We act in courts and tribunals nationally where the matter requires it.
Frequently Asked Questions
Can I get an urgent injunction to stop someone using my confidential information or IP?
In many cases, yes. Courts can grant interlocutory injunctions on short notice where ongoing infringement is causing irreparable harm that damages alone cannot address. The applicant must satisfy the court that there is a serious question to be tried, that the balance of convenience favours the order, and that damages are not an adequate remedy. Applications can be made urgently, sometimes within days. The strength of the evidence and the speed of the application both matter significantly. Seek advice immediately if you become aware of a breach.
What is the difference between a trade secret and confidential information?
Trade secrets are a category of confidential information with a particular commercial character: they are secret, they have commercial value because they are secret, and the owner takes reasonable steps to keep them confidential. Australian law protects confidential information through both equitable duties of confidence and, in some circumstances, statutory protections. The distinction matters primarily for the nature of the claim and the remedies available. Both can be protected through injunctions and damages claims. We advise on which framework best fits your situation.
A former employee has gone to a competitor and is using our client list. What can we do?
This is one of the most common and time-sensitive IP disputes we handle. Depending on the employment contract, the conduct may involve breach of confidence, breach of a restraint of trade clause, breach of a non-solicitation obligation, or all three. Urgent injunctive relief may be available to stop the ongoing use of your information and client relationships. We assess the strength of your position quickly and advise on the fastest credible path to protecting your business. Do not wait.
Can I pursue the new employer if they knew about our former employee's obligations?
Yes, in appropriate circumstances. A third party who induces a breach of contract may be liable in tort. If a competitor knowingly recruits an employee in breach of their restraints or assists them in using your confidential information, claims may lie against both the former employee and the new employer. This can significantly strengthen your position and may support an application for injunctive relief and damages against multiple parties.
Someone is using my brand name or logo in the market. What are my options?
Depending on whether you have a registered trade mark, you may have claims for trade mark infringement, passing off, or misleading and deceptive conduct under the Australian Consumer Law. Registered trade mark owners have stronger statutory rights. Unregistered marks can still be protected through passing off and consumer law claims where you have established goodwill in the mark. We assess the strength of the claim, the available remedies, and the most efficient pathway to stop the conduct and recover loss.
How long do I have to bring an IP infringement claim in Queensland?
Limitation periods vary depending on the type of claim. For breach of confidence and contractual claims, the standard limitation period under Queensland law is six years from the date of breach. For copyright infringement under the Copyright Act 1968 (Cth), the period is also six years. Trade mark infringement claims under the Trade Marks Act 1995 (Cth) are similarly subject to limitation. However, early action is almost always preferable: evidence deteriorates, the infringing conduct continues, and the practical ability to obtain injunctive relief diminishes with delay.
Do you act for both claimants and defendants in IP disputes?
Yes. We act for businesses and individuals pursuing IP claims and for those defending them. Many IP disputes are not straightforward: claims of infringement may be overstated or unfounded, restraints may be unenforceable, and licensing disputes involve genuine legal complexity on both sides. If you have received a letter of demand or been threatened with IP proceedings, we will assess your position honestly and advise on the most effective defence.
Your dispute. Our battle.
Confidential advice. Decisive action. Direct access from day one.