Intellectual Property law

* Quality legal advice

* Responsive time frames

* Practical solutions for your business

Legal Enablers is a leading and innovative law firm, trusted in the intellectual property space.

Protect, commercialise and grow your IP portfolio today.

·   IP PROTECTION- Registration, advising on and managing intellectual property including trademarks, patents, copyright and designs.
 

·    IP COMMERCIALISATION- Due diligence, licensing, and sales of IP (assignments), franchising, business collaborations and research.

·    IP DISPUTES- cease and desist letters, trademark oppositions and litigation.

 

How to protect your intellectual property

  • How to protect your brand: 

    • Trademark your business name and logo with IP Australia.

    • Create social media accounts and websites. This ensures you get there first and other businesses can't register your business name. 

    • Monitor the landscape regularly to ensure that nobody is using your trademark (brand copycats).

    • Send cease and desist letters​ quickly for unauthorised use of your business name or logo, also send cease and desist letters if someone is using a brand which looks or sounds similar to your brand.

    • Manage your brand reputation. 
       

  • How to protect your ideas​:​

    • Carefully record your ideas and date them. Intellectual property law protects the expression of the idea, not the idea itself.  

    • Register a patent for inventions with IP Australia.

    • Create confidentiality/non-disclosure agreements​ with people and businesses you share ideas with.

    • Ensure in your contracts there is a clause which discusses how ideas which are generated through collaborations.

    • Send a cease and desist letter if someone breaches your patent.
       

  • How to protect your copy, music and pictures:​

    • Create unique content which is easily identifiable as yours.

    • Insert a copyright notice.

    • Include a watermark on pictures.​

    • If you engage another person or business to create content, ensure that the contract has an assignment of the intellectual property clause. This clause ensures that the content you are paying them to create is then owned by you. Without such a clause, they could then sell the same piece of content to someone else. 
       

  • How to protect confidential information and trade secrets​:

    • Non-disclosure agreements are useful when working on sensitive projects.

    • Confidentiality terms in employment agreements and contractor agreements.

    • Policies and procedures on how information is handled and stored.

    • Implement security measures: Password protection, encryption and two-factor authentication. Don't share user accounts. This enables you to remotely log a user out.

Ways to leverage your intellectual property

  1.  Allow other people to use your intellectual property under a license agreement:

    1. Applying your brand to products or services.​​​

    2. White labelling is when a product or service is created by one organisation and another company's brand is applied to the product or service.

    3. Allowing another person or business to use your intangible product (such as an app).
       

  2. Franchise your brand and business process:

    1. This empowers you to scale your brand without losing control of how you like things to be done.

    2. Franchising is commonly done in retail and food.
       

  3. Collaborate with others to create shared value:

    1. Partner with a university or research institute.

    2. Partner with other businesses under a license or joint ventur.e.

 
 

Frequently asked questions

Why is intellectual property important?


1. It is a business asset you can buy, sell and commercialise.
2. It protects and sets the tone of your brand.
Should you have any questions, please do not hesitate to contact me on carolinem@legalenablers.com or (03) 8691 3128. Best wishes,
Caroline Mense




Why register a trademark?


1- Australia has a first to file system If a competitor registers your brand, they can stop you from using your brand, so
you’ll have to rebrand. This is much more expensive than registering it in the first
place. 2- You get protection in the category you register in. 3- It is a business asset you can monetise. Should you have any questions, please do not hesitate to contact me on (03) 8691 3128. Best wishes,
Caroline Mense
Principal Laywer at Legal Enablers




How to monetise intellectual property?


Your intellectual property is a business asset which can be licensed or sold (assign) or it can be used to establish business collaborations such as franchising or affiliate relaionships. Should you have any questions, please do not hesitate to contact me on carolinem@legalenablers.com or (03) 8691 3128. Kind regards,
Caroline Mense, Principal Lawyer at Legal Enablers




What are the types of intellectual property?


- Trademarks - Copyright - Patents - Designs - Trade secrets / confidential information




Can a trademark be removed for not being used?


Yes.Australia has a "use it or lose it" system so it is important to have a track record of use by posting in the name of the brand. Practical steps you can take:
1 Create an account with your business name on all social media platforms. It both stops others registering your brand name with the social media service and protects your trademark being removed by IP Australia. 2- Regularly post content using the trademark.





Contact Us

Level 14, 330 Collins Street
Melbourne VIC 3000
 

Ph: 03 8691 3128

E: hello@legalenablers.com​

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Call: (03) 8691 3128
Email: hello@legalenablers.com
Level 14, 330 Collins Street
Melbourne VIC 3000