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IP & Technology

Overview

All businesses, whether small to medium enterprises or multinational corporations, have to be prepared to meet the challenges the global information economy brings and to harness technology to assist them – whether in managing, accessing or protecting information assets, integrating technology infrastructure or protecting and extending their brands.


The Intellectual Property and Technology team at Swaab Attorneys understands the challenges you face. We can help structure strategies and responses that add value to your business, meet your commercial goals and, above all, allow you to continue to focus on your business. We are experienced in trade marks, copyright, licensing, technology and outsourcing agreements, privacy policies and advertising and sponsorship advice.

Expertise

  • Patents litigation and commercialisation
  • Technology transfer
  • Strategic alliances
  • Distribution arrangements
  • Trade marks, including registration, protection and infringement
  • Copyright and moral rights
  • Registered designs
  • Technology agreements
  • Outsourcing agreements
  • Product licenses
  • Franchising
  • Advertising and sponsorship
  • Terms & conditions
  • Privacy policies
  • Intellectual property due diligence
  • E-commerce
  • Information technology implementations

Experience

In recent years, Swaab Attorneys has undertaken work for clients in the following areas:

  • Drafting and negotiating assignments and/or licences of intellectual property, including software and domain name transfers in the context of business sales of IT companies
  • Acting for SMEs and multinationals, including NYSE-listed companies, in drafting, negotiating and advising on software licences, software development and customisation services agreements, support and maintenance agreements, hosting and disaster recovery agreements, and data migration services agreements
  • Drafting website and App terms & conditions
  • Advising on ProcureIT and GITC framework documentation for client contracts with government agencies
  • Drafting, negotiating and advising on:
    • consultancy agreements
    • master services agreements
    • manufacture and supply agreements
    • teaming agreements and subcontracts for government contracts
    • non-disclosure/confidentiality agreements
    • a licence agreement for a social media platform
    • white-labelling agreement for technology products
  • Advising on and negotiating:
    • publishing and technology agreements for a multinational publishing company
    • a talent agreement for a television presenter
  • Drafting privacy policies and advising on privacy compliance
  • Advising clients in relation to resolving OAIC privacy complaint investigations
  • Trade mark and registered design rights applications for registration, trade mark removal and opposition proceedings and infringement matters
  • Advice on Australian Consumer Law compliance, including trade promotions, comparison advertising, was/now pricing, unfair contract terms and misleading or deceptive conduct
  • Advising overseas businesses expanding into the Australian market on local legal considerations and compliance requirements
 
  • Acting for a premium product designer and supplier in negotiating worldwide supply arrangements in the cosmetics, haircare and beauty sector
  • Acting for a leading online auction retailer in negotiating outsourcing agreements, and advising on parallel importing, copyright and trademark issues
  • Advising a manufacturer and distributor of a household name cleaning product in relation to advertising comparison claims and 'was/now' pricing
  • Drafting standard terms and conditions for a multinational online retailer
  • Undertaking intellectual property due diligence in respect of investment in a print-publishing company
  • Advising a disruptive online and App-based classifieds business on protection and licensing of intellectual property assets
  • Acting for franchisors in a range of industries, in particular advising market-leading property franchisors in relation to privacy, protection and assignment of intellectual property assets, and shareholder arrangements
  • Advising designer furniture retailers and designers on brand protection, design registration, copyright, misleading or deceptive conduct and passing off
  • Advising a global beverage brand in relation to arrangements for sponsorship and advertising in connection with national sporting events
  • Advising a multinational energy company on trade mark protection and registration
  • Advising household name fashion retailers and brands on intellectual property protection
  • Advising household name and gourmet food brands on issues like trade mark registration, IP protection, distribution arrangements, assignment and infringement
  • Providing advice and assistance to a number of health promotion/healthcare NGOs in relation to privacy, intellectual property and contractual issues
  • Assisting in enforcement of patents and commercialisation of products
  • Intellectual property audits and training programs
  • Advising on IP issues, including copyright and moral rights, for public projects
  • Advising on tender processes for IT projects

IP Discovery

Innovation should be the cornerstone of any business.  Innovation can be the key to profitable growth by attracting customers who are prepared to pay a price premium for a superior product or service. Unfortunately, the intellectual property in that valuable innovation can sometimes be poorly identified, protected or exploited.
 
The Intellectual Property and Technology Team at Swaab Attorneys have recently launched the IP Discovery program.  This program provides a systematic review to effectively identify the IP in a business, ensure the protection of the IP and recommend ways to exploit the IP.

  1. IP discovery brochureDownload

Publications


Budget proposals offer start-ups an opportunity to get their legal house in order from the start

The Federal Government announced new measures in its budget this week that will no doubt be welcome to new 'start-up' businesses. New businesses will be ...

19 May 2015 / read more
Will illegal downloaders be forced to pay their dues and join the Club?

On 7 April 2015, the Federal Court of Australia handed down a landmark ruling involving piracy and privacy, and internet account holders with the Internet ...

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New ALRC privacy tort and the celebrity photo hacking scandal

The Australian Law Reform Commission (ALRC) released its report on its inquiry into the prevention of, and remedies for, serious invasions of privacy in ...

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Copyright Amendments Foreshadowed: ISPs and content providers beware

The Australian Attorney-General has released its public consultation paper regarding Online Copyright Infringement. The consultation foreshadows ...

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Recent ACCC enforcement activities serve up 'food for thought'

Recent ACCC enforcement activities have focused on false credence claims in relation to food products. This article provides a brief overview of relevant ...

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Consumer guarantees: Don't get caught out and find yourself past the point of "NO RETURNS"

The ACCC's recent successful prosecutions of a number of Harvey Norman franchisees is a timely reminder to B2C businesses that it's not enough to have a ...

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New compliance requirements for marketing directed primarily at children

From 1 April 2014, any business that uses advertising and marketing communications directed primarily at children will have new compliance requirements ...

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Association Memberships
Tristan Jepson Memorial Foundation
  • 2015 - Finalist Lawyers Weekly Women in Law Awards
  • 2015 - Finalist Lawyers Weekly Australian Law Awards - Employee program of the year