Intellectual property & IT

Overview

Optimisation of intellectual property and technology can be critical to driving the competitive advantage of a business or start-up.

JWS sets the standard that they [other firms] should aspire to.
Chambers Asia-Pacific

Intellectual property

Our IP group will help your business growth by protecting and leveraging your brand, ideas, inventions and innovations and your creative works.

With an enviable track-record in disputes, clients rely on our breadth and depth of knowledge to solve their most significant challenges across copyright, trade marks, designs and know-how.  In addition, we have specific expertise in the therapeutic goods and general life sciences sector. We provide specialist advice to private and publicly listed companies, government entities and not-for-profit organisations including:

  • due diligence
  • collaborative development projects
  • brand protection
  • product labelling
  • divestment and acquisition of IP
  • advertising and promotions
  • new media and e-commerce
  • licensing of copyright, trade marks, patent protected inventions and know-how
  • protection and disclosure of confidential information
  • advice on copyright, trade marks, designs, circuit layouts and confidential information.

Information technology

On the technology side, our lawyers are experienced, responsive and alive to the actual requirements of clients operating in the technology and communications areas. We have a deep understanding of the challenges involved and how to promote successful outcomes.

Our track record includes complex and business critical work for both customer and vendor side organisations in Australia and around the world. We provide legal and regulatory support for all aspects of technology procurement, outsourcing and other commercial arrangements, including:

  • preparation and negotiation of a wide range of IT contracts including software development, licensing, distribution, maintenance and support agreements, software as a service (SaaS) agreements, cloud services agreements, dispute resolution service agreements and customer contracts
  • structuring, negotiating and implementing technology joint ventures and a variety of partnering and sourcing arrangements
  • advisory and contentious work arising out of technology and sourcing agreements, including mediation, litigation and arbitration work
  • expert advice on privacy issues.

Experience

Recent matters

Australian News Channel

Providing strategic advice to Australian News Channel in relation to brand protection including trade mark strategy.

Ferrero SpA and Australia

Acting for Ferrero SpA in relation to trade mark matters in Australia and assisting Ferrero Australia with advertising agreements; advice on proposed advertisements; advice on advertising codes and related matters.

L Capital Asia

Detailed review of all Australian intellectual property aspects of the 2XU sports products business.

Beiersdorf Australia

Advice on, and drafting, sponsorship agreements, marketing campaign agreement, talent agreements, experiential marketing agreement, creative services agreement, digital services agreement, and social media services agreement. Advice in relation to advertisements in various media. Working with Beiersdorf on its privacy compliance audit and assisting in the drafting of relevant documents including its privacy policy.

Japan Tobacco International v Commonwealth

Acting for JTI in relation to intellectual property issues in the Constitutional challenge in the High Court of Australia to plain paper packaging legislation.

Microsoft

Working with Microsoft legal team on various contracts including one with a major telecommunications company and another with an international accounting firm; and providing advice to Microsoft in relation to privacy aspects of the storage and use of data located in data centres in Australia and overseas and also in relation to the various government departments and other bodies that could potentially access data held within Australian data centres.

Barrick Gold

Drafting and negotiating a major outsourcing agreement.

IP – Commercial & Advisory

Ferrero SpA and Ferrero Australia

Acting for Ferrero SpA in relation to trade mark matters in Australia dealing with labelling, packaging and advertising of products; drafting advertising agreements and advising on advertising codes.

L Capital Asia

Providing a detailed review of all Australian intellectual property aspects of the 2XU sports products business.

Beiersdorf Australia

Advising on, and drafting advertising/promotional agreements including sponsorship agreements, talent agreements, creative services agreements and Terms and Conditions for trade promotions; advising in relation to advertisements in various media.

Systagenix

Assisting in the preparation of a distribution agreement and IP licence for Australia.

IP – Litigation

Japan Tobacco International v Commonwealth

Acting for JTI in relation to intellectual property issues in the Constitutional challenge in the High Court of Australia to plain paper packaging legislation.

Unilever v Procter & Gamble

Acting for Unilever in trade mark proceedings in the Federal Court.

Dick Smith Investments Pty Ltd v Ramsey

Acting for Dick Smith Investments in relation to trade mark proceedings in the Federal Court.

IT

Microsoft

Working with the Microsoft legal team on various contracts including one with a major telecommunications company and another with an international accounting firm.

Barrick Gold

Drafting and negotiating a major outsourcing agreement.

Hewlett-Packard

Working with Hewlett-Packard legal team on an outsourcing agreement for an Australian bank.

Multinational IT Systems Integrator

Drafting contracts for a $30 million project to update the core platform for a financial institution.

Privacy Law

Commonwealth Department of Resources Energy & Tourism

Reporting to the Commonwealth Department of Resources Energy & Tourism, in conjunction with Seed Advisory Services, in relation to privacy issues raised by the advanced metering infrastructure program.

Beiersdorf Australia

Working with Beiersdorf on its privacy compliance audit and assisting in the drafting of relevant documents including its privacy policy.

Recognition

Christine Ecob [is] a pharmaceuticals pro who complements her stellar trademark practice with notable packaging and labelling expertise.
World Trademark Review 1000, 2018

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