Intellectual Property

Your most precious asset. Unprotected, it could ruin you. Can you run the risk?

Key areas of our "Intellectual Property" services

In almost every business there are creations of your mind and intellect, your “Intellectual Property” that can be legally protected. In the online world successful strategy to commercialise and protect your Intellectual Property can mean the difference between success and failure. There are four main areas of Intellectual Property:

  • Copyright protects original "works of authorship".
  • Trade Marks protect words, names and logos used by companies and businesses to identify their goods and services.
  • Patent Law protects new, novel inventions and processes.
  • Confidential Information/Trade Secrets which protect information not generally know in the public sphere.

We have an expert team of advisors to assist with:

  • Master Services Agreements
  • SAAS Agreements
  • System Implementation and Integrations
  • Commercialisation of IT including its Sale, Distribution and Use
  • Licensing
  • Internet and E-commerce Ventures
  • Formation of Online Contracts
  • Website Terms of Use
  • Privacy Policy

Consult with our "Intellectual Property" experts for sage and agile advice.

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Key points to know about "Intellectual Property"

  • If you are starting up a new business or are trying to gain a successful advantage in business, we can’t recommend more strongly that you protect your brands/software/inventions/technology.
  • You can keep a competitive advantage by protecting your intellectual property (IP). Imagine if a competitor discovered your secret and started replicating it. Or, you shared your idea and then realised that you had lost the legal right to make it exclusively yours. The key is not to talk about your idea or make your IP public knowledge before you have protected it.
  • Register your Intellectual Property - You may need to consider more than one type of IP protection depending on your creation.
  • Keep your idea a secret - Do not promote or disclose your idea to other people. If you need to involve other people ensure they sign a confidentiality or non-disclosure agreement.
  • Demonstrate that the idea is yours - Keep all records and documentation of your idea.
  • Do not use someone else’s IP - Protection may not be available if your idea is similar to one that is already covered.
  • Include IP clauses in contracts - When employees create original works as part of their job the copyright will usually belong to the employer. It is good practice to include clauses regarding IP and confidentiality in employment contracts. If you engage contractors in your business, make sure their contract outlines an agreement as to how copyright will be assigned. For example, if you engage a photographer to take photos for use on your website, it is important to confirm who will retain copyright ownership. If ownership remains with the photographer the images can be used or sold to other people.

A Case Study

There are so many examples of situations where client’s have decided to proceed without registering a trade mark or entering into a licence agreement and we would be very happy to share these with you. Please enquire with us.

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Guarantee Seal Bayard Lawyers is 100% focused on helping you to achieve your business goals. We act for leading Australian and International brands, start-ups and individuals. Every client’s needs are different and we pride ourselves on providing expert legal advice so that our clients achieve the best possible outcomes.

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