Technology & Intellectual Property Law

As a law firm with a strong legal-tech foundation, our intellectual property lawyers have first-hand experience in considering and advising on cutting-edge tech solutions. 

Our intellectual property lawyers work with our clients on a broad range of tech & IP matters. Whether we are drafting complex SaaS agreements or advising our clients of their privacy obligations, we are adept in all matters relating to technology, telecommunications, internet, data, privacy and intellectual property law.

Technology and
intellectual property law services

Technology agreements

  • Software Licensing and Distribution Agreements
  • Service Level Agreements 
  • Open Source Code Agreements
  • Escrow Agreements
  • Website Marketing Agreements

Data and privacy

  • Advising on data protection
  • Advising on Australian privacy law
  • Advising on international privacy obligations
  • Privacy Policy
  • Employee Data Collection Policy

Intellectual property

  • Advising on intellectual property protection
  • Copyright
  • Trademarking
  • Patenting
  • Registered designs
  • Advising on passing off disputes

Technology management

  • Outsourcing Agreements
  • Sale and Acquisition of Business Agreements
  • Advising on internet service provider issues
  • Advising on telecommunications law
  • Advising on software piracy matters
  • Advising on information technology and reseller issues

Don’t take our word for it…

Words from our clients

5/5 average rating.
20+ Google Reviews

I have been working with these guys for years now. With lots of hard work and timely communication, they made sure they delivered the best to me. Highly recommended.

Chelsea Baker

Flexi Flow

We are so relieved as our business is now confident we have every employment agreement and document in place that we need to manage our large team of employees.

Jason Ryan

JJ Ryan Consulting

We had some gaps in our legals and we were confused with what was and wasn’t a priority. Before finding Legal Kitz and Business Kitz we were having issues finding access to quality, thorough and easy to navigate legal advice that was also affordable for a start up/small business budget. Legal Kitz provided fantastic and easy to understand legal support for our business. Both teams have been incredibly helpful and friendly. They are now our ‘go to’ for business and legal support.

Sarah Ripper

Myoni

Agreements created by high-quality solicitors. They are comprehensive so you don’t have to worry about it, or engage expensive lawyers which we have done in the past. I was amazed by the quality of the documents and they are very consistent as well. Companies our size wouldn’t normally have the chance to access services like these.

Matthew Smith

Pembroke Construction

Why Legal Kitz Intellectual Property Lawyers?

Our team have real-world commercial experience and deeply understands the potential legal pitfalls. This gives us the ability to help you navigate both legal issues and legal opportunities to get the best possible outcomes.

  • Outstanding commercial experience
  • Real clarity on costs
  • Great communication with our clients

Highest quality

We pride ourselves on providing the best, most comprehensive employment law and policy advisory service.

Empowering business

We help give businesses security so they can make better decisions and grow on their own terms.

Commercial & effective

As business owners ourselves we intrinsically understand the drivers and challenges of business.

Technology and Intellectual Property Law FAQs

How long does copyright last in Australia?

n general, copyright for text, images and music usually lasts 70 years after the death of the creator. However, it should be noted that in 2005, the copyright period extended from 50 years to 70 years. There were further amendments made to the duration of copyright in 2019. 

Content-typeCopyright duration in Australia
Literary, dramatic, artistic, and musical works.70 years from the date the work was made public IF: 

Public after the death of creator AND before 1 January 2019 
OR 
Creator unknown AND work public before 1 January 2019 OR public within 50 years of its creation.

70 years from its creation IF:

Creator is unknown AND work not public.
Sound recordings and films.Usually, 70 years from its creation
BUT 
70 years from the date of material was made public 
IF public before 1 January 2019 OR public within 50 years of its creation.

Note that the table above is not comprehensive. This information is for guidance only. If your business has questions regarding copyright in Australia, you should seek legal advice. At Legal Kitz, we can help you understand more about the duration of copyright and copyright matters.

Can you patent an improvement to an existing product?

Requesting an amendment to your patent or application such as adding information, changing ownership and address details, patent specifications and bibliographical detail can all be completed in Online Services.

Standard or provisional applications can be amended at any time (as long as it is not lapsed). Innovation applications have to be granted first before making any amendments.

It is important to note that fees may incur for amendments to a patent or application depending on the type and the amendment requested.

Can patents be extended?

Patents usually last approximately 20 years. Only certain pharmaceutical patents can be extended. In order for a pharmaceutical patent to be extended, there are a number of requirements that need to be satisfied. These include: 

  • Disclose and claim a pharmaceutical substance.
  • Goods containing or consisting of that pharmaceutical substance must be included in the Australian Register of Therapeutic Goods (ARTG).
  • The first regulatory approval for that pharmaceutical substance must have occurred more than 5 years after the date of the patent. 

Legal Kitz intellectual property lawyers can provide further information and assistance in patent extension.

How to assign a patent to a company?

The patent of a product can only be assigned to a company if the patentee transfers their ownership to the company. For a patent to be assigned, it must be in writing, signed or on behalf of the assignor and the assignee.

If you require assistance in assigning a patent to a company, Legal Kitz intellectual property lawyers can provide you with advice that is tailored to your situation.

How much does it cost to register a design?

The cost of registering a design is dependent on the method in which payment is made. Below is a table outlining the potential cost of registering your design. 

ActionFee (online services)Fee (other means)
Application fee for the first design identified in the application at the time of filing.$250$450
Fee for any subsequent designs identified in the application at the time of filing.$200 per design$400 per design

If you have further designs to register, you must pay according to each design identified in an application. If the application contains designs that have not been paid for, then further fees may apply.

ActionFee (online services)Fee (other means)
Fee for further designs identified during the formalities assessment.$250$450

Is research data intellectual property?

It is important that the ownership of the research data is clarified before the commencement of the project. The ownership of the data should be recorded via a Research Data Management Plan. 

In general, data will be subject to copyright protection provided it satisfies the threshold requirements. The data must be: 

  • In material form.
  • Involve intellectual activity.

It should be noted that copyright does not subsist in data generated, compiled, and expressed entirely by machines.

How can I prevent intellectual property theft?

To prevent intellectual property theft, you should: 

  • Identify your intellectual property.
  • Understand your options as there are different types of intellectual proper, including: 
    • Inventions.
    • Design.
    • Trademarks.
  • Keep your intellectual property confidential until it is protected.
  • Protect your brand by registering it.
  • Be aware of infringement of your intellectual property rights.

What is the meaning of escrow agreement?

An escrow agreement is usually used in financial arrangements and outlines the terms and conditions between the parties involved and the responsibilities of each one. Escrow agreements generally involve an independent third party – known as the escrow agent. The escrow agent holds an asset of value until the conditions of the contract are met by both parties. Once the condition has been met, the escrow agent is required to hand over the asset. 

An escrow agreement is used for protection during transactions. It gives the party commencing a transaction certainty that the other party will fulfill their obligations under the contract.

Can you copyright a brand name?

In Australia, copyright law does not protect brand names. Instead, your brand name can be protected under trademark law. 

A trademark is a form of brand protection that informs consumers about the source of the products or services they are purchasing. It also allows consumers to distinguish between your products compared to your competitors. A trademark can be unregistered or registered.  It is against the law for another person to use your trademark regardless of whether it is registered.  

Legal Kitz can provide you with further information and assistance in trademarking your brand name. Our Legal Kitz intellectual property lawyers can assist with ensuring that your concerns are heard and provide you with advice that is tailored to your situation.

What is copyright in eCommerce?

Copyright can protect databases, software, website design and other online creative content (such text, images, videos, and graphics). It is important that you protect your intellectual property rights at an early stage, and you should register your trademark as soon as possible. 

Therefore, obtaining copyright protection within the e-commerce industry ensures that there are monetary penalties against other parties using your work without permission. 

Can you patent a new use for an existing product?

An application for a patent will only be successful if the invention is new, useful and inventive, or if it is innovative. Therefore, if the existing product has a prior use, it cannot be patented with a new use.  

What is background intellectual property?

Background intellectual property refers to intellectual property created and owned prior to the date of the agreement. An example of background intellectual property is a researcher may register their intellectual property rights but may also bring other background intellectual property such as existing data, specific know-how and software.

Who owns intellectual property in a partnership?

Who owns the intellectual property in a partnership is dependent on whether there is an agreement outlining ownership. If the agreement provides that the intellectual property will be jointly owned, then the parties of the partnership will own the property jointly, alternatively, if there is no agreement outlining ownership, then the parties jointly own the property if it can be shown that they jointly contributed to the creation of the intellectual property.

Is a domain name intellectual property?

A domain name is a web address. There are various types of domain names, and some have special requirements. 

Domain names are not intellectual property, Instead, a domain name is an identifier or an address, which can be registered. To register a domain name, you should: 

  1. Check the availability of your domain name via the public WHOIS service 
  2. Check the eligibility of your domain name on the Australian Domain Name Administrator 
  3. Register your domain name on the list of auDA-accredited registrars

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