Swaab Attorneys

All businesses, whether small to medium enterprises or multinational corporations, have to be prepared to meet the challenges the global information economy brings and to harness technology to assist them – whether in managing, accessing or protecting information assets, integrating technology infrastructure or protecting and extending their brands.

The Intellectual Property and Technology team at Swaab Attorneys understands the challenges you face. We can help structure strategies and responses that add value to your business, meet your commercial goals and, above all, allow you to continue to focus on your business. We are experienced in patents, trade marks, copyright, content licensing, content classification, moral rights and commercialisation issues, including funding, development licensing and proving chain of title.

We are also skilled with IT implementation and outsourcing transactions and in establishing online payment and transaction facilities, as well as electronic record keeping projects in accordance with current best practice and the requirements of the relevant Australian standards on electronic record keeping, security and privacy.

• Patents including infringements, validity and commercialisation
• Technology transfer
• Strategic alliances
• Product licences
• Distribution arrangements
• Research and development projects
• Trade marks including registration, infringement, validity and commercialisation
• Registered designs
• Rights management
• Copyright
• Technological protection measures
• Moral rights
• Content licensing
• Content regulation
• Advertising: sponsorship and marketing
• Franchising
• Electronic transactions and e-commerce
• Electronic records management
• Information technology implementations

• Assisting the patentee of a method and system of awarding a jackpot prize on an electronic gaming machine in: enforcing the patent in the Federal Court of Australia, defending the patent’s validity, opposing other similar patents before the Australian Patent Office, assisting in the commercialisation of the invention
• Acting for the subsidiary of a multi-national construction company in relation to the protection and commercialisation of an innovative method and process for construction
• Acting for the manufacturer and distributor of a category leader household cleaning product in managing its trade mark and brand protection in Australia and internationally
• Acting for a number of leading franchisors in a range of industries, including retail, cosmetics, fashion, real estate and food
• Undertaking an intellectual property audit and training for a leading health insurer
• Undertaking due diligence on an e-commerce authentication method patent, and subsequent investment.
• Advising a local government authority on IP issues (copyright, moral rights) for a tender for a public art project.
• Advising on the tender process, tender evaluation and final contract negotiations for a multimillion dollar large scale IT and construction implementation and integration project for a business critical customer information system for a State Owned Corporation
• Procurement and probity advice, negotiation, implementation and management of the process through a RFT for the management of WAN, internet access, email services and employee remote access and related telecommunications services (including significant transitional issues following a change of supplier)
• Drafting model agreements for use within a proposed uniform scheme for access to technology, knowhow and other resources
• Advising on and drafting technology licensing agreements for a patentee in respect of the commercialization of engineering technology (including technology transfer issues) internationally
• Advising on and drafting technology licensing agreements for a patentee in respect of the commercialisation of software technology (including technology transfer issues) in Australia and internationally
• Advice and assistance with negotiating and drafting a complex worldwide software licence, and ongoing development and support arrangements for implementation of third party proprietary technology within a professional services client, and the on-licensing of the technology to other related entities and clients of the professional services firm throughout the world
• Acting for a multinational retail operation in relation to its opposition to the registration in Australia of a shape trade mark sought by another large multinational conglomerate
• Advising and drafting licence agreements for authorised and paid for online music download service including publishing, recording and personality rights
• Advising on moral rights and performer rights releases for use in recording and distribution (including webcasts) of concert and other music performances at client venues