Intellectual property (IP) underpins modern business. Whether it takes the form of a new invention, design, a new software program or any other form of intellectual property, the use, protection, exploitation and enforcement of intellectual property rights is critical to success. Griffith Hack provides advice on the entire spectrum of issues relating to intellectual property. We help clients identify what IP they may have and what rights they may have in that particular IP. Griffith Hack also assists with the negotiation, commercialisation and protection of IP rights.

A number of Griffith Hack professionals have worked for many years in the ICT (Information and Communication Technology) industry, both as lawyers and in business roles. This experience and understanding of both the industry and the technology allows Griffith Hack to provide timely and practical advice, with a focus on ensuring the best business outcome.

Commercialisation, Technology Transfer, Licensing and Franchising

Griffith Hack specialises in assisting organisations with the commercialisation and licensing of their IP, whether in the form of patents, trade marks, copyright, trade secrets or know-how. Our clients range from small inventors through to multinational corporations, encompassing all aspects of development and commercialisation, from advising on licensing terms and collaborative research agreements to technology transfer arrangements, joint ventures and global exploitation arrangements.

Griffith Hack also has significant experience in business franchising and can assist both franchisers and franchisees through the detailed process of establishing or acquiring a franchise. In particular, we have provided assistance to a number of national and international organisations expanding their franchise operations into Australia.

ICT Transactions

Drafting and negotiating commercial agreements for ICT clients is an important part of the Griffith Hack legal practice. Our primary focus is with local and international suppliers, but we have also assisted a number of significant Australian public and private corporations to acquire ICT products and services for a number of large and complex projects. For international clients and their local subsidiaries or partners, Griffith Hack routinely advises and assists in developing "Australianised" agreements, as well as agreements for use within the Asia Pacific region.

Griffith Hack's work also includes documentation of new business models and delivery mechanisms, such as Internet-based delivery systems for our clients' products and services.

The significant practical industry experience and technical knowledge of Griffith Hack professionals allows the firm to deliver high quality and cost-effective services to our clients.

Competition and Consumer Protection

The Federal Trade Practices Act 1974 impacts on nearly all aspects of business in Australia. Griffith Hack advises a wide range of clients on competition and consumer protection law issues and represents clients in both prosecuting and defending procedures relating to breaches of the Trade Practices Act and its equivalents under state law.

The Griffith Hack commercial team is particularly active in advising on restrictive trade practices, including potential anti-competitive effects of supply, price fixing arrangements, licensing and distribution arrangements.

e-commerce and Internet

Griffith Hack has strong expertise in the e-commerce area. Members of the Griffith Hack team regularly advise clients on a variety of issues relating to this area, including verification, validation, enforceability of terms and conditions, electronic product distribution, support, merchant agreements, privacy, data collection and usage issues. With this wide-ranging experience, we have developed a sound knowledge of the technological and business issues involved in this area.

Internet web presence is now a part of the strategic plans of most organisations. Griffith Hack has advised a number of major Australian businesses on domain name issues and devised strategies to minimise exposure to cyber-squatting. We have also assisted clients in the acquisition and sale of domain names worldwide and provide a full range of domain name registration services. Griffith Hack has been involved in a number of domain name disputes on behalf of our clients under the new Universal Dispute Resolution Process ("UDRP"), the common dispute resolution process for ".com" and other domain names. In addition, one of our senior partners is one of only five Australian members of the WIPO Domain Name Disputes Panel.

Griffith Hack also assists corporations with Internet privacy policies and website terms and conditions of use.

Copyright

Copyright is a bundle of rights that protect literary, dramatic, musical and artistic works, as well as sound recordings, films, photographs and multi-media work. These rights prevent unauthorised use of the work, whether by reproduction, performance, broadcast or otherwise.

Copyright is used extensively in the ICT industry to protect software, databases, images, manuals and other such works. More generally, all documentation created by a business is the subject of copyright.

Copyright arises automatically and, except where created by an employee, is owned by the author of that material. This is an issue with businesses that commission independent contractors to create material. Unless a written assignment of the copyright takes place, the independent contractor will own the copyright to that material.

Griffith Hack advises on all aspects of copyright, from ownership, exploitation and licensing to enforcement of copyright where potential for infringement exists.

Due Diligence and IP Audits

An IP audit or due diligence exercise is a comprehensive analysis of a company's IP assets and the systems used by the company to protect those assets. This analysis enables implementation of long-term IP management which ensures that IP assets are:

• Properly identified in the future.
• Protected to ensure future value as an asset or safeguarded as a valuable revenue stream and provide a competitive edge.
• Brought to account on a company's balance sheet thereby boosting the net worth of a company's business.
• Increasing a company's profitability through licensing, selling or raising finance against them.

IP assets may reside in many areas of a business. It is Griffith Hack's experience that much of an organisation's IP remains undiscovered. In conducting an IP audit, Griffith Hack reviews the organisation's business operations to determine where IP is being created. Griffith Hack interviews all relevant personnel and reviews key documentation before compiling a comprehensive report on the current state of the organisation's IP assets and a list of recommended action. This report is always framed within the context of the industry and the commercial environment in which the organisation operates.

Business and Domain Names (Commercial)

Business and domain names form a critical part of the branding strategy of most businesses. Griffith Hack offers a full range of registration services for business and domain names, both in Australia and worldwide (domain names). In addition, Griffith Hack provides watching services and advice on branding strategies for its clients.

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