Legal Advice and Services

Intellectual property is one of the major considerations that impacts upon all IT-enabled companies and knowledge-based industries.
The exploitation, protection and enforcement of IP rights especially in the new economy’s high-tech world is fundamental to a company's measure of success or failure.

No business has the luxury of ignoring the paradigm shift of the new economy.  Maximizing the value of both physical assets and intangible capital is vital.

Sajen recognises, and embraces, this shift and our solicitors have particular experience in:

commercialising intellectual property rights, which includes copyright, patents, trade marks, anti-counterfeiting & piracy, digital rights management, know-how, confidential information, and trade secrets.

securing IP rights, such as buying and selling intellectual property rights, auditing IP assets, structuring licensing strategies, negotiating and drafting contracts, advising on joint ventures, advising on competition law, framework distribution and agency agreements.

brand protection, such as trade mark and design registrations in Australia and overseas, and implementing anti-piracy measures.

enforcing intellectual property rights, by detecting and preventing infringements of rights and using alternate dispute resolution methods and commercial litigation. Also, implementation of anti-counterfeiting programmes to mitigate against the effect of counterfeiting.

IP’s Wide Reach
IP affects all manner of intellectual capital. More recently, this importance has been recognised by legislative reform, nationally and internationally, seeing the introduction of moral rights and database rights.

Unlocking the value of IP
Sajen’s focus is protecting the intellectual property of business, providing legal certainty and the enforcement of rights. The intellectual property of a business may have different purposes; it may mean a better way of doing business; increased flexibility; greater productivity or a competitive edge; increased owner value; improving customer satisfaction and loyalty, generating increased revenues, and reducing costs.

Many new products or services embody different types of IP.  Businesses that devote time and resources to protecting their intellectual property regularly increase their competitiveness. Intellectual property protection helps in:

• inhibiting competitors from copying or closely imitating a company's products or services;
• minimising wasteful investment in research and development (R&D) and marketing
• creating corporate identity through trademark and branding strategies
• leveraging IP value by allowing the negotiating of licensing, franchising or other IP-based contractual agreements
• increasing the value of the company for sale
• acquisition of venture capital and access to finance
• access to new markets

Intellectual Property Audits

Our lawyers are sufficiently experienced to analyse ownership of intellectual property assets within a company and to identify those assets for future utilisation. When IP assets are properly identified, a company can protect the value of those assets that support the true value of the business; account for those assets on balance sheets; and focus attention on assets that are available for raising finance, licensing or sale.

In those businesses where inventions, new technology, software and product designs are the cornerstone of their existence, protecting intellectual property is absolutely vital to value.

Due Diligence

In the context of fund raising, mergers and acquisitions financiers regularly look for enforceable IP rights – this is only possible when IP rights are capable of protection and enforcement.

Our Experience

Sajen is acutely aware of the role that intellectual property can take in commercial transactions.

We have acted and advised on matters that encompass the suite of intellectual property rights including intellectual property licensing, including data content, databases, software and distribution rights, structuring companies and trusts to safeguard IP and joint ventures, marketing of IP, piracy, and contractual compliance.

We have an impressive track record for clients across industry sectors including:

• Internet Service Providers
• Media
• Entertainment
• Publishing
• Property
• Manufacturing
• Retail
• Services
• Government
• Travel

Trade Marks

Our trade mark experience and service includes legal advice with the aim of avoiding trade mark infringement; advising and lodging applications for registration through to litigation in asserting legal rights and defending those rights. We have advised on:

• applications in multiple jurisdictions
• prospects of success in infringement proceedings
• making and opposing Opposition proceedings in Trade Mark Registries
• trade mark licenses
• protecting business, trade and brand reputation

Copyright
We have advised on:

• copyright ownership in commercial contracts
• breaches of licence
• action in litigation & infringements
• copyright licenses for special projects and joint ventures
• publishing contracts
• content in online broadband media

Misuse of Confidential Information & Trade Secrets

• advising when confidential information may be used despite restraints in contracts
• drafting and enforcing non-disclosure agreements
• restricting employee misappropriation of confidential information
• injunctions preventing unlawful disclosure of confidential information