Intellectual Property

Protecting what you've built

Intellectual property - or IP - is often the most valuable asset a business owns and frequently the least understood. Whether it's a brand, an invention, a creative work or a design, the way you protect and manage your IP has a direct impact on its commercial value.

We work with businesses across the spectrum of IP rights under Australian law, such as the Trade Marks Act 1995, Copyright Act 1968 and Designs Act 2003, and coordinate with patent attorneys on matters under the Patents Act 1990. Our focus is on making IP protection practical, commercially aligned and proportionate to what's at stake.

Trade Marks & brand protection

Your brand is how your customers find you, trust you and choose you over competitors. Trade Mark registration gives you the exclusive legal right to use your brand identifiers - names, logos, taglines and more - in connection with your goods and services.

• Clearance searching - comprehensive searches to assess availability before you commit to a brand name or logo
• Registration strategy - advising on what to register, in which classes and in which jurisdictions, including international filing via the Madrid Protocol or directly through our international agents
• Application - filing applications with IP Australia and managing the examination process through to registration
• Opposition proceedings - coordinating trade mark oppositions before the Trade Marks Office
• Portfolio management - monitoring renewal deadlines, managing registrations and advising on portfolio growth
• Enforcement - cease and desist actions, negotiated outcomes and litigation support for infringement matters

Copyright

Copyright arises automatically in Australia - there's no registration system. But that doesn't mean it takes care of itself. Knowing what you own, who can use it and how to deal with infringement is essential - particularly for businesses that create, commission or license original content.

• Advising on copyright ownership, including works created by employees, contractors and collaborators
• Drafting and negotiating licensing arrangements - exclusive, non-exclusive and territory-specific
• Infringement enforcement and defence
• Copyright issues in digital distribution

Designs

If the visual appearance of a product is part of its commercial value, a certified design under the Designs Act 2003 gives you the right to prevent others from using that design.

• Advising on design registrability and the distinction between design and other IP rights
• Preparing and filing design applications with IP Australia
• Managing registration and certification
• International design protection strategies
• Design infringement advice and enforcement

Patents

We manage patent portfolios on behalf of clients, coordinating with patent attorneys on technical prosecution while handling the commercial and strategic dimensions - licensing, assignments, portfolio alignment and deadline management.

• Patent portfolio management and coordination with patent attorneys
• Licensing and technology transfer agreements
• IP due diligence for transactions, capital raising and restructuring
• Patent commercialisation strategy
• Renewal tracking and deadline management
• Freedom-to-operate assessments (in conjunction with patent attorneys)

IP strategy & audits

Not all IP needs to be registered and not all registered IP is worth maintaining. An effective IP strategy is about understanding what you have, what's valuable, what's exposed and where the gaps are.