Overview
IP Commercial equals integration. Integration of your business strategy and our expertise and working where needed with the rest of the IP group and other practice groups within Freehills. We work closely with your company from start to finish, through initial stages to the commercialisation of your intellectual property. We strive to go above and beyond for our clients, ensuring that we maximise the value of your IP and results for your business in your transactions. And by providing the best, we are the obvious choice for the best projects.
Experience
Typical transactions we advise on include:
- assignment and licensing of intellectual property
- research and development agreements, collaborative research agreements, CRC agreements, feasibility agreements, evaluation agreements, clinical trial agreements, technology transfer agreements
- software agreements, including licences, development agreements, maintenance and support agreements
- internet and website agreements, including content, website development, linking agreements, portal agreements and internet security service agreements
- franchise agreements, including providing advice in relation to the Franchising Code
- sponsorship agreements
- entertainment agreements, including agreements relating to the grant of rights, film agreements, supply and staging of entertainment
- publishing agreements acting for both publishers and authors, including e-publishing agreements
- distribution, manufacturing and supply agreements
- joint venture agreements, shareholders agreements, sale of business / shares / assets agreements where the significant assets are intellectual property
- intellectual property audits, including due diligence investigations and reviewing processes in relation to the creation, exploitation and protection of intellectual property rights (intellectual asset management)
- advising pharmaceutical and life science companies on the regulatory issues that affect the commercialisation of their products.
Where other commercial issues, such as the taxation of royalty and other income streams, employee share ownership plans (ESOPs) and listing requirements arise in transactions, we draw on the wider resources of Freehills to assist. This ability to draw on all of the technical and legal expertise required to advise on commercial transactions involving intellectual property distinguishes Freehills from other firms.
Our experience includes:
- Drafting and negotiating a commercialisation agreement for 3M with Nanosonics Pty Ltd.
- Negotiating popular author, Bryce Courtenay's Australian and international publishing and film rights agreements.
- Advising Prospect Media on the sale of its publishing business to Butterworths.
- Acting for the Australian Federation of Advertising and advising various advertising agencies.
- Acting for various publishers and film studios, authors in publishing and film agreements and advising on various copyright issues.
- Acting for EMI Music Publishing in licence and distribution agreements.
- Conducting the due diligence on intellectual property (IP) for the Commonwealth Bank in its acquisition of an investment bank and funds management group.
- Advising Deutsche Bank in relation to the licensing and IP issues relevant to their investments in photonics based companies.
- Advising ERG, a smart card technology manufacturer/supplier, on the licensing aspects of their technology in various transactions.
- Advising FH Faulding regarding commercialisation of cancer treatment products and the licensing of gene therapy technology from the CSIRO.
- Advising Guinness UDV on Australian aspects of transferring intellectual property assets in worldwide deals, licensing, distribution and domain name issues, negotiating and drafting sponsorship agreements.
- Advising the Robert Timms group on IP issues in acquisitions, licensing, advertising, sponsorship and domain name.
- Advising Lend Lease in relation to trade mark licences, software agreements, brand development agreements, confidentiality agreements, advertising agreements, publishing agreements and advising on intellectual property issues.
- Advising the Australian Rugby Union on and drafting sponsorship and licensing agreements, media and broadcasting issues.
- Advising Mayne Group in relation to software agreements, drafting complex end user agreements.
- Conducting the due diligence and negotiating agreements relating to intellectual property and information technology for the PCCW joint venture.
- Advising Sirtex Medical Limited on agreements relating to the use of their liver cancer technology in off shore jurisdictions
- Advising Technico on the licensing of its potato seed technology to PepsiCo
- Advising biotechnology venture capitalists in relation to their investments in start-up life science companies – eg SciCapital's investment in Inhalix, and life science start-ups on issues affecting their commercial growth.
Working with you
The Freehills intellectual property practice is comprised of a full service patent and trade mark practice in addition to specialist lawyers in IP commercialisation and IP litigation. The depth and breadth of the patent and trade mark practice is unlike that provided by any other commercial law firm in Australia.
We provide a full service offering, calling on the skill and expertise of the IP group’s 15 partners and approximately 60 solicitors and patent and trade mark attorneys practicing exclusively in the IP area.
We have a dedicated team of attorneys, lawyers and support staff that are highly trained, not only to excel in the delivery of legal services, but also to be passionate about understanding the application of the law to the real world commercial context of our clients’ businesses.
Our team prides itself on its responsiveness, commerciality and thought leadership. We are passionate about the work we do. Our objective is to deliver an outstanding result for your client that leads to an ongoing relationship.
