Document background
The Intellectual Property Cease and Desist Letter is a crucial legal instrument in Australia's intellectual property protection framework. It serves as a formal warning and demand document when intellectual property rights are being infringed, typically used before initiating formal legal proceedings. The document should clearly establish the rights holder's ownership of the intellectual property, detail specific instances of infringement, cite relevant Australian legislation (such as the Copyright Act 1968 or Trade Marks Act 1995), and demand specific remedial actions. While assertive in tone, the letter should maintain professionalism and comply with Australian legal practice standards and civil dispute resolution requirements. This document is particularly important as it creates a formal record of the rights holder's attempt to resolve the dispute and can significantly influence any subsequent legal proceedings in Australian courts.
