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Expertise

Intellectual Property & Technology

We deliver tailored commercial solutions to mitigate technology, intellectual property, privacy and data security risks for our clients and drive business success.

Trusted intellectual property and technology advisors.

Our Intellectual Property and Technology team sit within our Commercial team and advise on all aspects of intellectual property protection, management and enforcement, technology contracting, and privacy and data security compliance for early stage to mature businesses across a variety of sectors. We specialise in navigating the complex legal landscape of the digital age, ensuring your intellectual property is protected, your data is secure, and your compliance is seamless. The depth of knowledge and expertise of the team allows us to provide a solution-oriented, efficient and highly responsive approach to our clients.

Our Intellectual Property and Technology team is led by Jennifer Ashlan, who has a broad set of experiences developed through private practice and in-house, enabling her to focus on delivering pragmatic commercial outcomes. Jennifer is supported by Jack Collings and Lornagh Lomax.

Senior Intellectual Property & Technology Lawyers

Intellectual property

Protection of intellectual property can be critical to a business’s success and growth. Our intellectual property team specialise in advising on all aspects of intellectual property protection, management and enforcement. We regularly advise on:

  • Intellectual property strategy – including strategy on protection, registration and enforcement, and transactions related to corporate restructures.
  • IP protection, advisory and management – including advice on IP protection options, trade mark clearance searching and registrability advice, trade mark registration, IP portfolio audits, portfolio management, advice on IP infringement and enforcement, and facilitating design and patent registration and enforcement.
  • Intellectual property due diligence – including both buy-side and sell-side intellectual property due diligence.
  • IP related agreements – including licensing and assignments, research and development agreements, collaboration and commercialisation agreements, outsourcing agreements, franchise agreements, confidentiality agreements, and sponsorship agreements.
  • IP commercialisation – including licensing, technology transfer transactions, advice on commercialisation and exploitation, and technology distribution.
  • IP disputes – including cease and desist letters, IP oppositions, and enforcement and defence disputes.

Technology

We have a deep understanding of the challenges in developing and implementing new systems and technologies. We regularly advise on:

  • Software and technology development – including reviewing, drafting, negotiating and advising on development agreements, UAT arrangements, escrow and licensing arrangements, and advising on defect claims.
  • Technology-related contracts for both supply-side and procurement – including reviewing, drafting and negotiating technology-related agreements, such as master services agreements, SaaS and other cloud service agreements, managed services and support agreements, service level agreements, consulting and professional services agreements, outsourcing agreements, reseller and distribution agreements, app and website terms, software licences and EULAs, and API licences, advising on supply to Government under information technology procurement frameworks, and advising on risk mitigation strategies and defects claims.
  • Transitional services agreements – including advising all aspects of relevant technical separations in connection with mergers and acquisitions, including the provision of ongoing transitional and separation advice, ensuring seamless transitions for business in respect of the delivery of technical services and any subsequent procurement negotiations that we support.
  • Technology due diligence – including both buy-side and sell-side technology due diligence.

Privacy and data protection

Our privacy team have an in depth understanding of the ever-changing regulatory landscape that governs the collection and use of personal information. We regularly advise on:

  • Data-related transactions – including data protection due diligence (both buy-side and sell-side), structuring to address data flows and risks, and drafting and negotiating relevant documentation.
  • Privacy documentation – including data protection agreements, privacy policies, privacy collection statements, credit reporting policies, statements of notifiable matters, risk analysis frameworks, privacy impact assessment templates, and internal policy and procedures documents for staff compliance.
  • Compliance – including advising on Australian data protection and regulatory compliance, directors’ duties, and corporate governance obligations, advising on sector-specific regulations, facilitating comparisons with overseas data protection laws, localising international documentation for Australian privacy law, and advising on access to information requests.
  • Incident response – including reviewing and drafting data breach response plans, advising on data breach response and notification obligations, advising on prevention and detection strategies, advising on data breach and security incidents, assisting with assessment of incidents, engaging forensic consultants, preparing notifications to regulators and affected individuals, advising on remediation, and advising on complaints and investigations.

Intellectual property

Protection of intellectual property can be critical to a business’s success and growth. Our intellectual property team specialise in advising on all aspects of intellectual property protection, management and enforcement. We regularly advise on:

  • Intellectual property strategy – including strategy on protection, registration and enforcement, and transactions related to corporate restructures.
  • IP protection, advisory and management – including advice on IP protection options, trade mark clearance searching and registrability advice, trade mark registration, IP portfolio audits, portfolio management, advice on IP infringement and enforcement, and facilitating design and patent registration and enforcement.
  • Intellectual property due diligence – including both buy-side and sell-side intellectual property due diligence.
  • IP related agreements – including licensing and assignments, research and development agreements, collaboration and commercialisation agreements, outsourcing agreements, franchise agreements, confidentiality agreements, and sponsorship agreements.
  • IP commercialisation – including licensing, technology transfer transactions, advice on commercialisation and exploitation, and technology distribution.
  • IP disputes – including cease and desist letters, IP oppositions, and enforcement and defence disputes.

Technology

We have a deep understanding of the challenges in developing and implementing new systems and technologies. We regularly advise on:

  • Software and technology development – including reviewing, drafting, negotiating and advising on development agreements, UAT arrangements, escrow and licensing arrangements, and advising on defect claims.
  • Technology-related contracts for both supply-side and procurement – including reviewing, drafting and negotiating technology-related agreements, such as master services agreements, SaaS and other cloud service agreements, managed services and support agreements, service level agreements, consulting and professional services agreements, outsourcing agreements, reseller and distribution agreements, app and website terms, software licences and EULAs, and API licences, advising on supply to Government under information technology procurement frameworks, and advising on risk mitigation strategies and defects claims.
  • Transitional services agreements – including advising all aspects of relevant technical separations in connection with mergers and acquisitions, including the provision of ongoing transitional and separation advice, ensuring seamless transitions for business in respect of the delivery of technical services and any subsequent procurement negotiations that we support.
  • Technology due diligence – including both buy-side and sell-side technology due diligence.

Privacy and data protection

Our privacy team have an in depth understanding of the ever-changing regulatory landscape that governs the collection and use of personal information. We regularly advise on:

  • Data-related transactions – including data protection due diligence (both buy-side and sell-side), structuring to address data flows and risks, and drafting and negotiating relevant documentation.
  • Privacy documentation – including data protection agreements, privacy policies, privacy collection statements, credit reporting policies, statements of notifiable matters, risk analysis frameworks, privacy impact assessment templates, and internal policy and procedures documents for staff compliance.
  • Compliance – including advising on Australian data protection and regulatory compliance, directors’ duties, and corporate governance obligations, advising on sector-specific regulations, facilitating comparisons with overseas data protection laws, localising international documentation for Australian privacy law, and advising on access to information requests.
  • Incident response – including reviewing and drafting data breach response plans, advising on data breach response and notification obligations, advising on prevention and detection strategies, advising on data breach and security incidents, assisting with assessment of incidents, engaging forensic consultants, preparing notifications to regulators and affected individuals, advising on remediation, and advising on complaints and investigations.