Corruption, in relation to an entity, is defined by the National Anti-Corruption Commission Act 2022 as any conduct that does or could compromise the integrity, accountability or probity of public administration. Corruption may be criminal or non-criminal in nature and may affect any aspect of public administration.
Notices are typically received via letters or emails and often state that infringements may lead to legal action being launched by the owners of the listed IP. They often suggest that to avoid legal repercussions the right holder must:
- complete the application form
- engage the services of an attorney who will handle the legal action for a set fee
- pay the invoice.
We’ve noticed that most deceptive, or possibly fraudulent advice include:
- false and confusing information
- formatting and watermarks to make it look like the advice is from IP Australia
- details of official-sounding but false legal firms (these letters sometimes reference a registered IP right to create a sense of urgency)
- claims they are associated with government departments such as IP Australia, auDA and the ACCC, or other international patent offices such as the United States Patent and Trademark Office (USPTO).
To stay safe, we recommend you always contact us or check with an IP attorney if you are unsure about a letter or advice you have received.
Learn more about getting professional assistance with your IP.
Avoid unnecessary overseas legal services
You might receive correspondence from an overseas lawyer or attorney firm which tells you that someone has applied to register your trade mark in another country. It usually includes an offer to provide services to oppose the registration.
While it may be a legitimate service, it's only relevant if you intend to use your trade mark in that country. It's a good idea to seek legal advice before agreeing to work with these types of firms.
For more advice, get professional assistance with your IP.