Introduction
Australian businesses and intellectual property (IP) rights holders should be aware of the rise in fraudulent messages falsely claiming to originate from law firms with a specialisation in IP. These messages contain deceptive information and offer trade mark or copyright assistance designed to convince recipients to pay unnecessary fees.
The ACCC's latest ScamWatch statistics show that there were nearly 250,000 scam reports across Australia in 2024, with reported financial losses exceeding $318 million. Email scams were the top method used to mislead individuals and businesses, exceeding 90,819 in the past year alone.
How do these IP scams work?
Scammers often seek to confer legitimacy by impersonating reputable law firms or IP practitioners. They send fraudulent IP enforcement notices that mimic the form and content of genuine legal communications. These emails intend to pressure recipients into a quick response, parting with funds to address unfounded demands and threats of legal action.
Key warning signs to identify such scams
Law firms do not usually send IP enforcement or renewal notices or any other communications from unofficial channels. Genuine correspondence from firms like ours is always sent from verified addresses (in our case, email addresses ending in @cgw.com.au) and follows established client communication protocols and standards. We also commonly advise recipients to confirm via telephone using a verified contact number before transferring any funds.
Scam emails can often be detected by looking at the sender's email address, with scam emails usually sent from a generic email service.
Prevention through awareness: far more cost-effective than remediation
While several jurisdictions are actively prosecuting scammers engaged in fraudulent trade mark renewal operations, email scams remain pervasive. We strongly recommend that businesses:
- carefully verify sender email addresses, especially those closely resembling legitimate ones but differing by a letter or domain
- train staff to recognise common indicators of fraudulent emails
- refrain from responding to suspicious emails
- never make payments without direct verification.
Your intellectual property is a valuable asset. Cooper Grace Ward is committed to assisting clients in protecting their IP rights and business interests.
Cooper Grace Ward is a leading Australian law firm based in Brisbane.
This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please contact Cooper Grace Ward Lawyers.
