About Us

We work collaboratively with our clients to build strong, sustainable relationships. Our team is committed to delivering consistent high standards of service, and we understand the importance of accessibility. Working with us, you'll enjoy open communication, meaning well scoped, properly resourced and effectively managed matters.

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Latest Case

Providing strategic advice on expansion structures November 16, 2018

Founded in Bondi Beach in 2012, Bailey Nelson has rapidly grown into a global eyewear retailer and service provider with boutiques in Australia, London, Canada and New Zealand. The strong demand for their products and … Continued

Latest News

Winner of William Ah Ket Scholarship 2019 announced October 9, 2019

Wednesday 9 October 2019 A Victorian lawyer has been named this year’s winner of the William Ah Ket Scholarship. Tienyi Long, a legal and governance officer at Glen Eira City Council in Melbourne, was awarded … Continued

Latest Article

Final changes to the ASX Listing Rules announced October 15, 2019

On 10 October 2019 the Australian Securities Exchange (ASX) released its response to feedback received on its consultation paper ‘Simplifying, clarifying and enhancing the integrity and efficiency of the ASX listing rules’, together with the … Continued

Intellectual Property

“Excellent knowledge. Easy to work with. Imparts learning.”

Client Response, Legal Profiles

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.

Our approach is underpinned by our grasp of the underlying science and technology combined with open communication, responsiveness, accessibility and teamwork underpin our approach, as well as an overriding focus on achieving beneficial client outcomes.

Maddocks has a strong intellectual property practice, comprised of partners and lawyers with extensive specialist advisory and disputes capability across patents, trade marks, copyright and design, IP commercialisation and licencing, consumer markets and franchising and marketing and advertising.

Maddocks advises on all aspects of IP, including:

  • patent advice, commercialisation and dispute resolution services;
  • copyright and designs advice, transactions and disputes;
  • trade mark registration, portfolio management and dispute resolution; and
  • marketing and advertising advice, franchising and distribution arrangements.

We act for clients in IP disputes regarding patent infringement and invalidity, passing off and breaches of the Australian Consumer Law, as well as infringement of trade marks, copyright and design rights.  Our patent litigation team has acted in significant disputes in the Federal Court, Full Court and High Court of Australia across a range of technologies, from pharmaceuticals to telecommunications technologies.  We have recently acted in pharmaceutical cases relating to blockbuster drug patents, including extended release formulations, second medical use patents and dosage regimens.

Maddocks also 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).

We regularly advise private and government clients on:

eBusiness 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)

Websites

  • 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

Technology contracts

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

Technology transfer and licensing

  • spin-offs and start ups
  • technology joint ventures
  • joint development projects

Protection of intellectual property rights

  • copyright and designs advice
  • trade mark registration and management
  • design registration and management

IP advice and dispute resolution

  • infringement and validity advice
  • freedom to operate advice and product launch strategies
  • oppositions and revocation cases
  • Federal Court litigation and dispute resolution
  • defence of injunctions and claims for compensation on undertakings as to damages

Licensing and commercialisation

  • IP licensing
  • technology/know how licensing
  • material transfer and IP option agreements
  • technical assistance agreements
  • research & development agreements

Communications legislative compliance

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

Contracts

  • interconnection issues
  • service provider arrangement

“Excellent knowledge. Easy to work with. Imparts learning.”

Client Response, Legal Profiles

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.

Our approach is underpinned by our grasp of the underlying science and technology combined with open communication, responsiveness, accessibility and teamwork underpin our approach, as well as an overriding focus on achieving beneficial client outcomes.

Maddocks has a strong intellectual property practice, comprised of partners and lawyers with extensive specialist advisory and disputes capability across patents, trade marks, copyright and design, IP commercialisation and licencing, consumer markets and franchising and marketing and advertising.

Maddocks advises on all aspects of IP, including:

  • patent advice, commercialisation and dispute resolution services;
  • copyright and designs advice, transactions and disputes;
  • trade mark registration, portfolio management and dispute resolution; and
  • marketing and advertising advice, franchising and distribution arrangements.

We act for clients in IP disputes regarding patent infringement and invalidity, passing off and breaches of the Australian Consumer Law, as well as infringement of trade marks, copyright and design rights.  Our patent litigation team has acted in significant disputes in the Federal Court, Full Court and High Court of Australia across a range of technologies, from pharmaceuticals to telecommunications technologies.  We have recently acted in pharmaceutical cases relating to blockbuster drug patents, including extended release formulations, second medical use patents and dosage regimens.

Maddocks also 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).

We regularly advise private and government clients on:

eBusiness 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)

Websites

  • 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

Technology contracts

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

Technology transfer and licensing

  • spin-offs and start ups
  • technology joint ventures
  • joint development projects

Protection of intellectual property rights

  • copyright and designs advice
  • trade mark registration and management
  • design registration and management

IP advice and dispute resolution

  • infringement and validity advice
  • freedom to operate advice and product launch strategies
  • oppositions and revocation cases
  • Federal Court litigation and dispute resolution
  • defence of injunctions and claims for compensation on undertakings as to damages

Licensing and commercialisation

  • IP licensing
  • technology/know how licensing
  • material transfer and IP option agreements
  • technical assistance agreements
  • research & development agreements

Communications legislative compliance

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

Contracts

  • interconnection issues
  • service provider arrangement