Intellectual property

Intellectual property rights underpin a great deal of industrial and investment activity. The increased demand for flexibility and exploitation of knowledge generates a commensurate risk and need for greater control.

Our experience covers advice on patents, designs, trademarks, copyright, unfair competition and trade secrets law, as well as applications and registrations for patents, trademarks and designs to promote protection and exploitation of your firm's intellectual property resources. 

Our services also include advice to ensure compliance with privacy obligations relating to personal rights of your clients. 

We have a solid experience in the production of IP related documentation, such as:

• confidentiality and non-disclosure agreements
• technology transfer (internationally between Australia and other countries)
• IP assignment
• licensing and sub-licensing agreements
• manufacturing and distribution agreements
• research and development agreements IT related Agreements
• software licensing agreements
• software development agreements
• web-site development agreements
• web-hosting agreements
• Marketing related Agreements
• sponsorship management agreement
• website terms and conditions
• shareholders, partnership, cooperation and joint venture agreements

Franchising

The franchise relationship is a symbiotic one that relies on the franchisor's promotion of the brand on the one hand and the franchisee's maintenance of standards on the other. It involves a range of ethical practices by franchisors and franchisees alike, both in relation to the business format of the franchise and to the public as a whole. 

Whist the opportunity to establish a 'ready made business' is an attractive one, legally, franchise agreements can be extremely complex and great care needs to be taken in embarking on this venture in order to protect the rights of you, the franchisee. 

Jacka Lawyers' franchise experience is broad and covers:  

• advising potential franchisors on business structures, general compliance issues, structuring reasons for choosing to franchise etc
• drafting franchise and master agreements and disclosure documents
• buying and selling franchises
• updating disclosure documents in accordance with the Franchising Code of Conduct
• advising franchisors in relation to leasing issues including incorporating sub-leasing and licence agreements into the franchise agreements
• advise and guidance on international franchises