Intellectual Property & Technology

Change is the defining characteristic of intellectual property and technology - changing technology, changing laws and changing business. This creates complex legal and technological ramifications that companies and government agencies must understand to ensure commercial success.

As the ground shifts and new risks and opportunities emerge, clients need lawyers with exceptional intellectual property and technology knowledge in order to develop solutions that maximise every new opportunity.

Maddocks' intellectual property and technology group assembles lawyers in both disciplines. They are also practising commercial lawyers who assist clients across a range of e-business applications: from developing an online presence, to implementing e-commerce initiatives, acquiring hardware and software solutions and, in the case of the private sector, sourcing venture capital and eventual listings and floats.

Our approach is defined by a profound commitment to the projects we undertake and the clients we work with. Open communication, responsiveness, accessibility and teamwork underpin our approach, as well as an overriding focus on achieving beneficial client outcomes.

Maddocks specialises in Internet domain names and their related infrastructure. The firm's ability was recognised when it was appointed to be the sole legal adviser to auDA, the nation's regulating body for Australia's domain name industry (all domain names with an .au suffix).

The firm is described as 'highly competent, efficient, and abreast of current issues' and 'able to communicate complex subject matter in simple terms'.

We regularly advise private and government clients on:

E-business
Online transactions

electronic offers and acceptances
enforceability of electronic transactions
electronic signatures, cryptography and other security issues
collection of taxes including GST
Australian Business Number
digital signature certificates
terms and conditions for online trading
legislative compliance (for example, under the Electronic Transactions Acts)

Web sites

intellectual property rights issues relevant to the digital age (for example, relating to hyperlinking, framing, meta-tagging)
legal disclaimers
internal policies and protocols
web site development agreement
domain names acquisition and disputes
trade marks
'cyber-squatting' and other trade practices issues

Privacy

data protection
collation of public information by public bodies
legislative compliance
credit records and information

Online content

authorisation of infringing materials
content hosting arrangements
obligations under the Broadcasting Services Act 1992
defamation

Use of enabling legislation

use of electronic documents and media
electronic production and retention of documents, 'in writing' and signature requirements under the Electronic Transactions Acts

'Excellent knowledge. Easy to work with. Imparts learning.'
Client Response, Legal Profiles

Technology Contracts

EOI, RFP, RFT and RTT
software and hardware acquisitions
financing
consultancy agreements
outsourcing

Technology transfer and licensing

technology joint venture
development projects

Protection of intellectual property rights

copyright
trade mark registration
design registration
patent registration

Infringement

injunctions

Licensing

IP licensing
technology/know how licensing
technical assistance agreements
research & development agreements

Communications
Legislative compliance

access regime (including Internet access)
service provider obligations
telecommunications legislation and regulations
misuse of market powers
broadcasting and content regulations

Contracts

interconnection issues
service provider arrangements

Contact Partners

Michelle Dixon
Peter Francis
Robert Gregory
Craig Ng
Kevin Phelan
James Smart