Lawyers

Overview

No one area of legal discipline covers all business that uses information technology.  Technology law is simply a term that collates the areas of law that apply to a technology based transaction or dispute.

We have advised cutting-edge technology companies involved in novel and new transactions. `Our legal advice is commercially based and grounded in a sound understanding of the technology involved.

Technology Law

Generally contract law, intellectual property and regulatory regimes cover information technology transactions.  Other areas still need to be considered to make the most out of IT in putting the deal and issues together, because there are no clear boundaries between information technology, commercial and corporate law, data protection, the digital medium e-commerce and IP.  Often, the priorities change from deal to deal depending on what is to be achieved and the goals of the parties. Our information technology practice brings together these separate areas of law to deliver well rounded, knowledgeable commercial advice.

Intellectual Capital

Sajen is often on the ground floor with our clients going to the market with technology, management of intellectual capital and resources, assisting in commercialisation of inventions and marketing innovations.

Protecting innovation is crucial. Correct utilisation of legal strategies allow protection of critical strategic advantage, be it in the form of new information channels; providing more information and more high quality information; faster access to better data and allowing informed decision-making.

We provide advice on a diversity of legal issues that range from terms of trade for business through to multi-million dollar transactions and disputes. We have provided legal advice in relation to:

• business process outsourcing contracts
• contractual performance of developers
• software piracy and avenues for recovery
• management of liability under the Spam Act and consumer complaint management
• regulatory compliance for business involved information society e-commerce
• options for recourse in failures to perform and deliver on contractual claims
• recovery of compensation and damages
• guidance on auditing contractual performance of contractors and developers against specifications and performance compliance to contractual obligations

Licensing
Drafting and advising on:

• distribution agreements
• software licensing and exploitation agreements
• managing the protection of know-how
• regulatory compliance

Technology contracts:

• drafting licences
• delineating IP rights, drafting performance obligations
• providing legal advice on outsourcing obligations
• advising on contractual risk
• ensuring design matches implementation

Copyright Infringement and Piracy

• commencing court proceedings for urgent relief; search orders to preserve evidence; and orders to freeze assets
• quantifying compensation likely to be awarded and availability of injunctive relief
• legal courses of action to remedy piracy of software, publications and music

We can also advise on:

• assisting in the valuation of intellectual property
• suitability of contractual terms in international software licences
• strategy in negotiations and mediation; managing and settling disputes

Business Legal Advice
Commercial Transactions, Contracts and Agreements

We have significant experience, industry knowledge and expertise providing company commercial legal advice and contract oriented legal advice.

We have provided legal advice in respect to the following legal issues and matters:

Corporate Governance

• Shareholders agreements
• Directors' remuneration contracts
• Joint venture contracts and structuring
• Advising on bank guarantees
• Finance

Employment

• Employment contracts
• Workchoices compliance
• Corporate Internet and email terms of use
• Employment contract disputes

Consultancies

• Computer systems implementation
• Management consultancy agreements
• Managing confidentiality

Trading and Commercial

• Online service terms and conditions
• Data protection and privacy policies
• Distribution agreements
• Reseller agreements
• Buying a business
• Selling a business

Intellectual Property Management

• Non-disclosure and confidentiality agreements
• Software and database licensing agreements
• Licensing and protection of business names, logos, trade marks and brand names
• End user licences

Licensing

• Content and software licensing
• Licensing of trading names
• Licensing intellectual capital and property, for instance know-how and media publications

Business Process Structuring

• Infrastructure outsourcing
• Business process outsourcing
• Franchising agreements
• Tendering for outsourcing
• Joint ventures