Advisory and regulatory
Intellectual property and commercialisation
We help businesses protect the brands, technology and know-how they create, and turn them into value through licensing and commercial agreements.
Overview
Intellectual property is often one of the most valuable assets a business holds, yet it is frequently the least well documented. We advise on securing intellectual property rights, on who owns what between founders, employees and contractors, and on commercialising those rights through licences, collaborations and sales.
Our intellectual property work is closely connected to our commercial and cross-border work. Many of the licensing, distribution, sponsorship and data agreements we advise on turn on the ownership and use of intellectual property.
Services
What the work involves
Trade marks
We advise on trade mark strategy and clearance, coordinate the registration of trade marks with the Companies and Intellectual Property Commission, and help businesses build and maintain a trade mark portfolio. A well-chosen and properly registered trade mark is one of the simplest ways to protect a brand. We help businesses protect their marks in the markets that matter to them.
Patents
We advise on the commercial and contractual aspects of patentable inventions and coordinate patent filings with registered patent practitioners. We make sure that ownership of inventions is properly documented between founders, employees, contractors and research partners.
IP licensing
We draft and negotiate licences of intellectual property, in and out, including field-of-use restrictions, exclusivity, royalties, improvements and commercialisation rights, including licences with universities and research institutions. We structure licences so that the licensor keeps control of its intellectual property while the licensee has the certainty it needs to invest.
Assignment and disposal of IP
We structure the sale or assignment of intellectual property, prepare assignment agreements and the ancillary protections, and advise on IP in the context of business sales. We make sure that the rights being transferred are properly identified, owned by the seller and free of competing claims.
IP in commercial agreements
We review the intellectual property provisions of sponsorship, distribution, collaboration, data and service agreements so that ownership and permitted use are clear. Unclear IP provisions are a common source of later disputes. We address them while the agreement is being negotiated.
Ownership and confidentiality
We advise on confidentiality and non-disclosure agreements and on the IP clauses in employment and contractor agreements, so that what is created for the business belongs to the business. Where ownership has not been documented properly in the past, we help regularise the position.
Brand and commercial strategy
We advise on the commercial and legal side of brand development, including the protection of brand assets and the structure of related commercial arrangements. We work with the client's marketing and commercial teams so that the legal protection supports the brand strategy.
Who we work with
Technology and data businesses; manufacturers with product brands and designs; founders whose value lies in their brand or know-how; and businesses licensing or acquiring intellectual property.
How we work
Ownership first
We confirm who owns the IP before it is licensed, sold or relied on.
Commercial focus
We structure IP arrangements around how the business intends to make money from them.
Common questions
Can you register our trade mark?
We advise on trade mark strategy and coordinate the registration process with CIPC. We tell you at the outset what the process involves and the likely timeline.
Technically sound. Commercially minded.
Advice that begins with technical precision and extends to the commercial and strategic judgement that founders, owners and executives rely on.