Working in today’s ever-evolving digital economy means that, for you, effective and successful use of intellectual property contracts, assignments and licenses is integral for your business.

Contract drafting goes beyond accurately documenting the commercial deal. Contract and license terms can significantly impact IP rights, risks and liability. 

Our lawyers understand how, under Australian law, contract terms affect parallel importation exemptions, statutory termination rights, authorized use of trademarks, enforceability, retention of title, IP and data ownership, reversionary rights, compliance, privacy and confidentiality obligations, GST, risk apportionment, limitation of liability and the application of the Competition and Consumer Act 2010 (Cth) including the Australian Consumer Law.

Our lawyers also understand the nature of the proprietary rights subsisting in copyright, patents, designs, trademarks, confidential information, data and domain names under Australian law, and how those rights can be effectively licensed and otherwise commercialized.

We advise clients in the public sector, the university sector and in a wide range of industries including software and information technology, biotechnology, health, engineering, manufacturing and retail.

Our services include:

• Confidentiality agreements
• Drafting and negotiating IP and technology license agreements
• Technology transfer, collaboration, sponsorship, research services, manufacturing, supply and distribution agreements
• Drafting intellectual property licenses for use within corporate groups and provision of IP structuring advice in consultation with taxation advisers
• Agreements for the assignment, sale or purchase of IP assets
• Recordals of assignments of patents, trade marks, registered designs and plant breeders rights
• Registration of interests with IP Australia and the Australian Personal Property Securities Register
• Website terms and conditions
• Choice-of-law and cross-border enforcement
• End-user license agreements
• Franchise documentation

Insights

Doing business in Australia - Intellectual property

November 18, 2024

Australia: Trade marks in Australia are regulated by the federal Trade Marks Act, and prior registration is strongly recommended, as it provides the owner with exclusive rights to use, license, and assign the trade mark.

AI and the Australian Consumer Law – AI product liability reform proposed

October 21, 2024

Australia: The Australian Government has just released a discussion paper inviting consultation on issues relating to the application of the Australian Consumer Law to AI-enabled goods and services. Following similar action in a number of overseas jurisdictions, the application of existing product liability laws to AI products is being explored.

Australian Government releases its new draft franchising law for brief consultation period

October 16, 2024

Australia: The Australian federal government released its proposed draft franchising law. This key law regulates the franchising sector as well as certain automotive and machinery dealership agreements and some distribution and licensing arrangements. The draft is a substantial rewrite. This article discusses the key changes and their potential impact on the sector. The government is offering only a very short consultation period ending on 29 October 2024.  The proposed laws are set to commence on 1 April 2025.

View all insights for IP Contracts Assignment and Licensing in Australia