Intellectual Property

The value of protecting intellectual property (IP) is often underestimated and only appreciated when it is infringed upon or stolen.

Hicksons understands that IP is critical to the competitive advantage of businesses in Australia’s knowledge and service-based economy.

Our lawyers can advise clients through all stages of the development, protection, commercialisation and continuing management of IP.

Our team ensures continuing value for IP by advising on protection, reducing risks, reviewing strengths and weaknesses in due diligence for acquisitions and investment, and helping clients protect their business secrets against the risk of theft by employees and competitors.

Hicksons has extensive experience advising public and private sector clients – from start-up and innovators to multinational companies, governments and the health and education sectors – on IP issues, including:

• purchases, licences, transfers, managing disputes of IP, advising on joint ventures, alliances and collaborations for research leading to the development and commercialisation of IP;
• structuring IP transactions, including those relating to medical, construction and information technologies;
• performing due diligence for business and technology sales, negotiating sponsorship, deals involving high-value brands and endorsements;
• advising on capital raisings, including mezzanine raisings and IP offices;
• facilitating health and medical technology grants for private funds, governments, research institutions and not-for-profit organisations; and
• patent licencing – negotiating research, licencing and commercialisation of patents in the medical field.

Our experienced team brings extensive IP knowledge in all areas, including:

• trade marks – providing advice on the registration, monitoring and enforcement of trade marks in Australia and overseas,;
• copyright and moral rights, including negotiating copyright licences for education materials, artworks and recording of performances;
• IP clauses in contracts – including IP protection in funding agreements and innovative and forward-looking solutions;
• commercialisation strategies for all types of IP, including for software technologies and pharmaceutical products;
• IP distribution and agency agreements; and
• IP enforcement – creating sustainable value for our clients by helping to stop infringements and lessen any damage caused without resorting to IP litigation, which can be time-consuming and costly.