Let's Get Started! Fill out your details and let our team assist







    This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

    We picked the most highly specialised and talented attorneys

    Our team at Chamberlains has experience servicing all intellectual property needs, working with both large multi-national organisations as well as small to medium sized businesses and individuals. Chamberlains can provide the legal advice necessary to protect, buy/sell or amend your intellectual property.

    Linda Katnic

    Special Counsel

    Sam Keys-Asgill

    Associate

    Our process

    01Initial Consultation

    We begin with a detailed discussion to understand your intellectual property assets—whether they involve trademarks, patents, copyrights, or trade secrets. This step allows us to identify your goals and assess any immediate risks.

    02IP Audit & Strategy Development

    Our team of patent attorneys and lawyers review your existing IP portfolio and supporting documentation to evaluate protection levels and compliance. We then develop a tailored strategy to safeguard your creations and maximize commercial value.

    03Formal Engagement

    Once you approve the proposed approach, we formalize our engagement by outlining the scope of work, timelines, and fees. This step ensures transparency and gives you confidence that your IP is in expert hands.

    04Registration & Enforcement

    We implement the agreed strategy by filing applications, managing registrations, and enforcing your rights against infringement. Our team also handles negotiations and disputes to protect your interests.

    05Ongoing IP Management

    Intellectual property requires continuous oversight. We provide ongoing support to monitor renewals, update registrations, and adapt your strategy as your business evolves.

    We support

    01
    Business Owners

    02
    Start-up Founders

    03
    Inventors

    Our services

    01 Trade Marks, Branding & Market Entry

    Clearance & Risk Assessment

    We conduct comprehensive searches to identify conflicts and assess registrability. Our advice includes practical risk ratings, competitor analysis, and strategies for mitigating exposure before launch.

    Filing Strategy & Portfolio Management

    We design tailored filing programs that prioritise classes aligned with your goods/services, manage priority claims for international filings, and implement portfolio audits to keep registrations current. We also handle assignments, renewals, and ownership transfers seamlessly.

    Oppositions, Non‑Use & Enforcement

    We represent clients in trade mark oppositions and removal actions, prepare evidence of use, and negotiate settlements where appropriate. Our enforcement approach includes cease‑and‑desist letters, coexistence agreements, and litigation strategies that protect brand equity without unnecessary escalation.

    Contact Us

    Ownership & Chain of Title

    We review and correct ownership gaps across creative works, software, and marketing assets, drafting assignments, consents, and moral rights waivers to ensure enforceability. This includes agency agreements, influencer contracts, and collaborative projects.

    Licensing & Commercialisation

    We structure licences for publishers, streaming platforms, and digital content providers, covering exclusivity, royalties, sublicensing rights, and quality control. Our goal is to monetise IP while maintaining brand integrity and compliance.

    Digital Platforms & Takedowns

    We manage infringement on social media, marketplaces, and hosting platforms, issuing DMCA notices, liaising with platform compliance teams, and escalating to urgent relief where takedowns fail. We also advise on proactive monitoring tools to detect misuse early.

    Contact Us

    Software & SaaS Agreements

    We draft and negotiate SaaS agreements, subscription terms, and enterprise licences, addressing IP ownership, uptime/service levels, security obligations, audit rights, and termination triggers. Our templates are scalable and tailored to your delivery model.

    Open‑Source Governance

    We audit OSS dependencies, assess licence obligations (GPL, MIT, Apache), and implement internal policies to prevent inadvertent IP leakage. We also train teams on compliance and risk mitigation for hybrid codebases.

    Escrow, Audits & Compliance

    We establish escrow arrangements for mission‑critical software, define audit protocols for license compliance, and manage breach responses, protecting continuity and reducing exposure in high‑value technology deals.

    Contact Us

    Patent & Design Strategy

    Our patent attorneys assess patentability, draft specifications, and file applications. For designs, they manage filings for product aesthetics and advise on enforcement strategies against copycat products.

    Commercialisation Agreements

    We prepare R&D collaboration agreements, technology transfer deals, and licensing frameworks—defining contributions, milestones, exclusivity, and revenue sharing with clarity and enforceability.

    Portfolio Review & Prioritisation

    We audit innovation pipelines and existing filings, prioritising assets with genuine commercial leverage. Our advice includes cost‑benefit analysis and strategies for maintaining competitive advantage in key markets.

    Contact Us

    Infringement Analysis & Evidence

    We conduct detailed infringement assessments, examining similarity, market context, and consumer perception, then gather proof through dated records, packaging, and expert reports.

    Urgent Relief & Platform Remedies

    We pursue injunctions, search orders, and freezing orders where necessary, and implement platform takedowns and customs border measures to stem harm quickly.

    Negotiation, Settlement & Co‑existence

    We design coexistence agreements, undertakings, and staged rebrands where pragmatic, protecting your position while avoiding costly litigation. Our approach balances firmness with commercial sense.

    Contact Us

    Confidentiality Frameworks & NDAs

    We draft NDAs and confidentiality clauses that reflect real‑world workflows, covering multi‑party collaborations, vendor access, and digital security obligations.

    Employee & Contractor Controls

    We implement IP assignment clauses, post‑employment restraints, and exit protocols to prevent leakage of know‑how and proprietary code, especially in high‑turnover environments.

    Incident Response & Remediation

    When breaches occur, we act fast, preserving evidence, issuing urgent demands, negotiating undertakings, and seeking court relief where necessary. We also design remediation plans to restore security and trust.

    Contact Us

    Practical Protection for Ideas, Brands & Content

    Innovation and reputation drive growth, your brand, creative assets, technology, and data are often the most valuable parts of the business. We step in with calm, pragmatic advice that prioritises protection, monetisation, and speed. Our team rapidly assesses what you’ve built (names, logos, content, software, designs, trade secrets), where it’s used, who touches it, and how it’s commercialised. Then we map realistic options, registration, licensing, contractual guardrails, and enforcement, so you can act decisively and keep momentum.
    You’ll receive plain‑English guidance with time‑bound steps: what to register now, what to lock down by contract, and how to respond if someone copies, misuses, or passes off your work. We focus on clarity, risk reduction, and protecting relationships where possible, so your brand and IP work for you without constant firefighting.

    What Intellectual Property Involves

    IP spans the rights that define ownership and control of intangible assets, trade marks (brand identifiers), copyright (creative works and code), designs (visual appearance of products), patents (technical inventions), and confidential information/trade secrets (commercial know‑how). It also touches contracts (assignments, licences, MSAs/SaaS), market entry (clearance and risk), and disputes (infringement, passing off, misleading conduct).

    We advise founders, marketing teams, product and engineering, creatives, and boards on building defensible IP foundations: searching and clearing brands, filing and managing registrations, structuring ownership with employees and contractors, and putting practical licensing and confidentiality frameworks in place. When issues arise, from look‑alike branding to content scraping, unauthorised code reuse, or ex‑employees walking out with know‑how, we coordinate a measured response: evidence, negotiation, takedowns, urgent relief, and targeted enforcement that protects value without unnecessary escalation.

    Minimising Risk, Cost, and Disruption

    IP risk multiplies when brand choices aren’t cleared, ownership isn’t documented, or commercial deals leave gaps. We mitigate early: run targeted searches, tighten contracts, fix chain‑of‑title issues, and design portfolio strategies that match your growth plan. When speed matters, we streamline filings, prioritise key markets, and structure licences that close deals without opening litigation. If enforcement is required, we use proportionate steps, evidence‑based letters, platform takedowns, border measures, and focused court applications, to secure outcomes efficiently and keep operations steady.

    Client Care with Commercial Focus

    You’ll have a dedicated contact who coordinates your internal stakeholders and external consultants (e.g., , graphic designers, overseas agencies, etc), manages timelines and filings, and keeps you updated in clear terms. We work shoulder‑to‑shoulder with marketing, product, and sales to align IP strategy with launch plans, budgets, and revenue goals. Our approach is empathetic but frank, giving you visibility on what’s worth defending, what’s worth registering, and what’s better solved by negotiation. We balance legal precision with human‑centred support, so decisions are made with confidence, not confusion.

    Key Things to Know

    • Clear before you commit: Search and assess brand risks before you invest in packaging, domains, and campaigns.
    • Ownership isn’t automatic: Ensure assignments from employees, contractors, agencies, and collaborators are properly documented.
    • Registration amplifies leverage: Registered rights (trade marks, designs, patents) strengthen enforcement and deter copycats.
    • Licences drive revenue: Well‑structured licences can scale growth while protecting quality and reputation.
    • Evidence wins disputes: Keep dated records of creation, use, and investment, proof matters when you need to act fast.

    Protect Ideas, Strengthen Brand

    Your brand, content, and technology deserve protection that’s practical and proportionate. With Chamberlains, you gain clear strategy and steady support, so you can launch confidently, scale smartly, and act decisively when rights are threatened. We listen to your goals, analyse your assets with precision, and design pathways that balance legal protection with commercial reality, registration where it counts, contracts that hold, and enforcement that works.

    Our commitment is to reduce risk, preserve value, and keep your teams moving, because protecting the ideas behind your business shouldn’t slow the business down. We’re with you from first concept to market leadership.

    Book a confidential consultation with our Intellectual Property team to explore your options now, so you can move forward with certainty, protect what matters, and build a stronger future.

    Call us at +61 2 9264 9111
    Email us at hello@chamberlains.com.au

    Related Practice Areas

    As part of a full-service firm we can also draw on the legal and industry knowledge of our expert Chamberlains colleagues who represent almost every area of legal practice.

    View All Services

     

    FAQ

    01What is the TM symbol?

    Generally, to advertise what your trade mark is, you can use the ™ symbol after your trade mark at any point in time in any country. Using the ™ symbol helps the public recognise and remember your business.

    In order to protect your design in Australia, an application must be filed with the local government body, IP Australia. This application is typically prepared by a patent attorney using illustrations of your design.

    You can only use the ® symbol once your trade mark is registered and in the country that your trade mark is registered.

    You can use the symbol if your trade mark is registered overseas and not in Australia, however you are required to show the country of registration close to it.

    Although it is legal to use the TM symbol without registration, it is an offense if the ® symbol is used without a registered trade mark. The Australian Federal Police, Customs Border Patrol or Intellectual Property Specialists deal with infringements of this nature and can be utilised if you require legal aid in such circumstances.

    Once your trade mark is registered you are legally able to enforce your trade mark rights and actively stop others from using your trade mark and trade marks that are deceptively similar to your registered trade mark.

    Without trade mark registration, you are vulnerable to other businesses using your trade mark to see their goods and services.

    Seeking legal advice through an Intellectual Property Specialist is a highly effective way of understanding your trade mark and remaining in the know about the status of your intellectual property.

    Firstly, a patent is drafted by a Patent Attorney. Once drafted, the patent is then filed online with IP Australia.

    There are three main types of patent applications that can be file in Australia:

    1. Provisional Patent Applications;
    2. Standard Patent Applications; and
    3. Innovation Patent Applications.

    The type of patent application you require will depend on a number of factors. Speaking to a Patent Attorney is recommended to determine which patent application is best suited for you. Chamberlains’ Patent Attorneys are able to determine the right patent application for you, as well as draft and file the application on your behalf.

    A business name and domain don’t grant exclusive rights. A registered trade mark provides legal protection for your brand.

    “™” can be used with unregistered marks; “®” indicates a registered trade mark. Misusing “®” can create legal issues, use it only once registration is granted.

    Often yes, if they distinguish your goods/services. We assess distinctiveness and prepare filings that maximise registrability.

    Not always. Employees generally vest ownership in the employer, but contractors and agencies require written assignments. We fix chain‑of‑title.

    Combine copyright (for code), trade secrets (for know‑how), contracts (licensing/NDAs), and, where applicable, patents for technical inventions.

    OSS is powerful but licence terms matter. We review dependencies and usage to avoid unintended sharing of proprietary code or IP.

    Use evidence‑based letters, platform takedowns, coexistence options, and staged undertakings. We escalate only if proportionate and necessary.

    Yes, via coordinated filings and treaty mechanisms. We prioritise markets based on risk and revenue, then stage filings to manage cost.

    Timeframes vary by jurisdiction, but protection often starts from the priority date of your application. We set realistic milestones, manage examiner queries, and use fast‑track options where available.

    Yes, ensure licences/assignments and moral rights consents cover your use cases (edits, attribution, territory, platforms).

    Creation dates, drafts, investment records, first‑use dates, packaging, invoices, campaign assets, and witness statements, proof builds leverage.

    Often. Negotiation, mediation, and clear undertakings resolve most matters faster and cheaper while protecting relationships and brand equity.

    Recent Articles

    25.12.2025

    Requirements For Payment Schedules in Queensland Clarified

    Queensland Courts Reinforce Need for Specificity in Payment Schedules Under BIFA Case note on Style Timber Floor Pty Ltd v Krivosudsky [2019] NSWCA 171 and Minima....

    Read more
    18.12.2025

    WA Supreme Court Clarifies When Statutory Implied Terms Apply Under the CCA

    The Supreme Court of Western Australia has delivered one of the few decisions to shed light on when provisions contained in Schedule 1 to the Construction Contract....

    Read more
    Read all Articles

    Need legal support?

    Call or email us now

    1300 676 823

    hello@chamberlains.com.au