Intellectual Property Protection & Commercialisation

Intellectual property rights are protected by statute and common law in Australia. The trade mark, design, plant breeder’s rights and patent registration system is administered by IP Australia. There is no registration system in Australia for protection of copyright material or trade secrets.

Intellectual property law is constantly undergoing review to deal with emerging or new technologies. Businesses and individuals need to be fully informed of these changes to maximise returns and minimise the risk of infringement. Stephens Lawyers & Consultants provides commercial and practical advice on changes to intellectual property laws impacting business and individuals.

Our clients in the intellectual property area include technology, e-commerce, pharmaceutical and biotechnology companies, education and training organisations, engineering, construction and manufacturing companies, inventors, film producers, writers and artists.

Stephens Lawyers’ provides services on all aspects of intellectual property matters including:

  • Development and implementation of programs for the protection of intellectual property
  • Advice on the ownership of intellectual property and registration of trade marks, designs, plant breeder’s rights and patents
  • Responding to adverse examination reports from IP Australia or third party oppositions to registration of trade marks, designs, plant breeder’s rights and patents
  • Clearances for the use of intellectual property owned by another party to minimise the risk of infringement
  • Intellectual property audits and reports
  • Due diligence of intellectual property where an acquisition or merger, offer or invitation to the public, or public listing of a company involves intellectual property assets

Our global strategic alliances in the intellectual property field facilitate registration and protection of trade marks, copyright, designs, plant breeder’s rights and patents in international markets for clients.

Stephens Lawyers also assists with the review, negotiation and preparation of agreements involving intellectual property including:

  • Ownership of intellectual property agreements
  • Assignment or transfer of intellectual property agreement and moral rights consents
  • Licensing, franchising, distribution or agency agreements
  • Joint ventures
  • Confidentiality / trade secrets agreements
  • Patent and Know-how licences and technology transfer agreements
  • Collaborative research and marketing arrangements
  • Merchandising and sponsorship agreements