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Intellectual Property

Your intellectual property is one of the most valuable parts of your business.

Often, your competitive edge is based on your confidential information, patents, trademarks and copyright materials. Protecting and securing these assets is fundamental to ensuring your business’ future and value.

Each type of Intellectual Property has its own laws and, in some cases, international treaties. These laws keep evolving to keep up with ever changing technologies. It is a complex and dynamic area of law.

We have assisted many businesses in many industries secure and protect their intellectual property. From franchisors, not-for-profits, IT companies and start-ups through to large corporations and government departments.

What we do

We are able to service the whole range of intellectual property matters, from registration to enforcement and commercialisation. Our services include:

Assisting with the trade marking process with IP Australia;
Defending trade marks from infringement;
Drafting confidentiality deeds for potential investors and business partners;
Commercialisation;
Drafting appropriate licences with manufacturers and other parties to exploit your intellectual property;
Advice on what your intellectual property is and how best to protect it;
Drafting deeds to transfer ownership of intellectual property where you wish to sell, including as part of a sale of business;

Domain names;
Enforcement actions;
Advising and acting on disputes in relation to intellectual property; and
IP audits and registers.

The MV difference

We have a strong understanding of many different businesses and the types of intellectual property that are most valuable to them.
We are commercially focussed and will work to achieve the best outcome for your business.
Our commercial and litigation teams work seamlessly together to enforce and protect your intellectual property.

FAQs

What is intellectual property?

The term intellectual property generally refers to any intangible property created by a person and can include trademarks, copyright, designs, patents, confidential information, technical know-how and business and company names.

Do I need to register to create my intellectual property?

It depends on the type of intellectual property. Copyright exists automatically while patents must be registered. Trade marks can be registered or unregistered.

How do I protect my intellectual property while seeking investment?

If you share confidential information or other intellectual property with third parties, whether for ongoing use or for a potential investment, you should protect it with appropriate use of confidentiality deeds or licences.

I have registered a business name – does this mean it is exclusive?

No, that is simply your business name, which does not come with any exclusivity. To have exclusive use of that name for trading purposes, you must also trade mark the name. If your chosen business name is too similar to an already trademarked name, you may be infringing someone else’s trade mark.

Who is responsible for managing intellectual property rights?

In Australia, IP Australia is the government agency responsible for managing and administering intellectual property rights in patents, trademarks, designs and plant breeder’s rights. We can help you liaise with IP Australia to have your intellectual property registered and protected.

How can I transfer ownership of intellectual property?

For most types of intellectual property, the transfer must be in writing to be valid. Just like physical property, intellectual property can be transferred simply by way of a deed of assignment or contract for sale.

You receive the purchase price and the buyer receives ownership and all associated rights, including the right to use, exploit and re-sell the intellectual property. Alternatively, you can licence intellectual property, which allows others to use the IP for a price without giving any ownership rights.

Resources

Meyer Vandenberg Lawyers