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Intellectual property

The information technology and intellectual property team at Gadens Melbourne has broad experience across all facets of intellectual property, information technology, commercial contracting, clean technology, corporate advisory, and the associated competition and consumer law issues that confront companies today. 

Our lawyers advise all levels of government, major telecommunications companies, computer software and web development companies, telehousing companies, participants in the cryptography and defence industries, financial institutions, retailers, and companies in the transport and electricity industries.

Our priority is to understand your business and partner in helping to achieve your aims.  Our small team approach means that clients benefit from having our most experienced practitioners working on their matters rather than merely overseeing them.  Our intellectual property management system allows us to efficiently monitor and manage your registered intellectual property rights.  It also enables us to quickly provide you with up to date reports of the status of your intellectual property portfolio.

Experience

Intellectual property

  • Advising in relation to a scanner for the vision impaired, as well as various trade marks, electronic licensing and general intellectual property and technology matters.
 
  • Advising on technology licensing (both customer and supplier).
 
  • Extensive experience in the management of large international intellectual property portfolios, and the management of the acquisition of such portfolios, including Ansett and ANZ (in-house), and Pacific Dunlop (including the management of the acquisition of the Repco / Malvern Star businesses).
 
  • Acting for numerous franchise operators setting up systems and documentation including the Natural Source franchising system in Australia, documenting master franchises in Malaysia, Singapore, Hong Kong and U.A.E.

Information technology

Television

  • Negotiating and drafting various agreements for a subscription television broadcaster with technical service providers and content providers for satellite based subscriber television network; ongoing advice and assistance in relation to advertising and promotional issues.

Health

  • Acting for the service provider and negotiating a contract extension for the provision of out-sourced call centre services and an externally operated member management system for use by a major State Government based health services provider.

Financial services

  • Acting for a major Australian bank on the variation and extension of its existing relationship with a software house in relation to the licensing and use of an online trading solution.
 
  • Acting for a major Australian bank in negotiating an agreement for the development, licence and support of a key software solution.

Aviation

  • Preparing the terms and conditions used by a number of airlines in relation to the sale of tickets over the Internet and advising in relation to websites, including transactional and informational websites.

Utilities

  • Acting for a major utilities service provider in the preparation of a suite of documents for engaging third party information technology services, and standard telecommunications services contracts.
 
  • Acting for an electricity distributor in respect of its smart metering project and various information technology aspects of its business.

Insurance

  • Acting for Renaissance Corporation in respect of commercialising a patented data protection insurance program in Australia and New Zealand.

Telecommunications

  • Drafting of customer contracts for telecommunications service providers.
 
  • Advising in relation to supply of telecommunication shelters and technology equipment.
 
  • Acting for a telecommunications carrier in drafting and negotiating fibre licence supply agreements, procurement agreements and other operational documents.
 
  • Assisting the receivers and managers of IP1 (Australia) Pty Limited in the ongoing operation of its long haul fibre optic network during the receivership and in preparation for a sale, including negotiations with suppliers and customers to ensure continuity of services.
 
  • Negotiating the sale of a fibre optic cable network and related businesses to Telstra Corporation Limited, including the co-ordination and implementation of post completion asset transfers and the winding up of business operations excluded from the sale.

e-Commerce

  • Advising on the commercialisation strategy relating to POLi™ Direct Debit Payment Solution in Australia and elsewhere (including New Zealand).
 
  • Negotiating and drafting licensing and distribution agreements with technical service providers, and with major distributors and customers for online payments product.
 
  • Advising and acting in relation to regulatory issues related to financial services licensing and anti-money laundering cases.

Wireless

  • Acting for a wireless technology provider in commercialising its technology with major ATM suppliers.

Financing, capital raising, venture capital

  • Advising a consortium of international investors on the building and operation of its own fibre optic cable development.
 
  • Providing advice in relation to the start-up of IT / IP businesses on financing and capital raising activities including IPOs.
 
  • Acting for foreign investors in software businesses.
 
  • Advising financial intermediaries on taking security over intellectual property assets.
 
  • Advising venture capitalists in Australia and from offshore on all aspects of investments in early stage IP / IT businesses.
 
  • Restructuring venture investments.

Clean technology

  • Advising a resources company in relation to the licensing and development of clean coal technology.
 
  • Advising a major listed company on the development and utilisation of processes for recycling waste material as a useful product.
 
  • Advising alternative energy providers (including solar, wind and tide).

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