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Technology And Intellectual Property

Our technology lawyers draft, review and negotiate technology and intellectual property agreements. We provide legal advice to businesses across Australia.

Clients rely on our team of intellectual property lawyers for their deep industry knowledge and expertise. We help companies with brand protection, trade marks, copyright, intellectual property and technology agreements and intellectual property infringement advice.

Our fixed fees offer peace of mind when it comes to legal costs.

If you would like a fixed fee quote from a quality law firm, contact our team today. We will arrange for a consultation with you to understand your legal requirements and provide you with a quote.

Contact us for a free consultation

Our Technology and Intellectual Property Law Services

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Intellectual property agreements

Contracts are an important part of IP protection and making the most of your IP assets. They have the ability to set out licence terms, clarify the asset’s ownership, and specify any royalties that require payment.

Our services include trade mark assignment contracts, licensing agreements, moral rights deeds and other legal documents. Prosper Law is a highly valued IP law firm.

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Trade mark registration

We work with businesses on trade mark protection, registration and enforcement. Our legal counsel can assist you in making informed business decisions for your brand. This applies to both registered and unregistered trademarks.

We can help with registering trade marks in Australia and New Zealand and some overseas jurisdictions

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Software terms and conditions

Software terms and conditions and end user licence agreements protect technology companies. They explain how users can and can’t use software and protect the copyright owner.

Talk to an IP lawyer today about drafting software contracts and how we can help for a fixed fee.

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Copyright protection

It is important to protect copyright. The best way to do this is to have robust intellectual property law clauses in your IP agreements.

Our intellectual property contract lawyers understand how to protect copyright. We can draft clauses that ensure you are paid before you hand over your copyright.

Why choose our Technology and Intellectual Property lawyers?

Broad experience

Our technology and intellectual property services cover a wide range of legal issues, including:

  • creating and discussing contracts for technology and intellectual property, such as software licenses, data transfers, and IP licenses
  • advising on the legal aspects of technology development and commercialisation, including trademark registration, copyright protection, and protection of trade secrets
  • assisting with intellectual property disputes
  • providing legal advice on data privacy and security issues, including compliance with data protection regulations and preparing data privacy policies
  • information technology goods and services agreements
  • copyright law and copyright infringement advice

We know how to make the most of IP

Intellectual property is property of the mind. Creators invest time and money into developing IP. It’s important to invest in protecting and commercialising those assets.

Our experienced intellectual property lawyers advise clients how to get the most out of their assets.

What our clients say

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If you would like to contact an online lawyer, you can complete the contact form, email or phone Prosper Law. If you know you need to speak to an online lawyer, but you’re not sure exactly what your legal problem is – we can help you. Get in touch today and discover why Australian businesses choose Prosper Law’s team of lawyers.

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Technology and IP Law FAQs

What is a trade mark?

A trade mark is a unique symbol, word, or phrase that distinguishes a company’s products or services from those of others. It serves as a valuable asset for businesses, helping them build brand recognition and customer loyalty.

Registering a trade mark provides legal protection, preventing others from using similar marks that may cause confusion among consumers.

How much does it cost to register a trade mark?

The cost of registering a trademark can vary based on different factors. Factors for trademark registration include jurisdiction, number of classes, and the choice between hiring a lawyer or using an online service.

In Australia, the cost of registering a trademark starts at AUD 250 per class for online applications.

What should an end user licence agreement (EULA) include?

An EULA is a legal contract between the software developer or vendor and the end user of the software or application. Its purpose is to outline the terms and conditions under which the end user can use the software.

EULAs can differ, but usually include these key elements:

  1. Start with an introduction that names the parties, like the software developer/vendor and the end user.
  2. License Grant: Clearly state what rights the software developer/vendor grants to the end user. This section can include the scope of the license and whether it’s a limited, non-exclusive, revocable, or perpetual license.
  3. Permitted Use: Outline how the end user can use the software. This may involve restrictions on how many devices or users can use the software at the same time.
  4. Restrictions: Specify activities that are prohibited. For example, the software may not allow the end user to reverse-engineer, modify, distribute, or sell it.
  5. Intellectual Property Rights: Clarify who owns the intellectual property rights to the software and any associated trademarks or copyrights.
  6. Warranties and Liabilities: Software developer/vendor provides warranties and disclaims liability for certain issues or damages.
  7. Support and Updates: Detail whether the software developer/vendor will provide support and updates, and if so, under what terms.
  8. Termination: Describe the conditions that can terminate the agreement and the actions or remedies that may be taken upon termination.
  9. Governing law: The agreement is governed by specific laws and legal disputes will be resolved in a specified jurisdiction.
  10. Privacy Policy: If the software collects any personal data, reference the privacy policy that explains how user data is collected, used, and protected.
  11. Changes to the Agreement: Specify how and when changes to the EULA will be communicated to the end user.
  12. Severability: Include a clause stating that if any part of the agreement is found to be invalid or unenforceable, the rest of the agreement will still be in effect.
  13. Entire Agreement: State that the EULA constitutes the entire agreement between the parties and supersedes any previous understandings or agreements.
  14. Signature or Acceptance: Include a clause indicating how the end user can accept the terms of the agreement.
What is an IP assignment agreement?

An IP assignment agreement is a legal contract that transfers ownership of intellectual property rights from one party to another. Intellectual property includes creations of the mind, such as inventions, trademarks, copyrights, trade secrets, and patents. People often use an IP assignment agreement when they want to transfer their intellectual property rights to someone else.

The agreement explains the rules for transferring ownership of intellectual property to make sure the new owner is the rightful one.

Who owns intellectual property in Australia?

Different types of intellectual property may be owned by different people.

For example, copyright is automatically owned by the author. However, those rights can be given away or transferred through a contract.

Trade marks can be registered or unregistered. By having an unregistered trade mark, the owner may find themselves losing their ownership rights if someone else registers the trade mark.

What kind of intellectual property is software?

Software has many aspects to it. The written software code is subject to copyright.

If someone substantially copies software code, it may breach the owner’s intellectual property rights.

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Brooke is a Senior Lawyer with Prosper Law. Brooke is admitted to the Supreme Court of Queensland and the High Court of Australia
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