Startups

Commercial

At Moulis Legal, our commercial expertise is both broad and commercially focused.  We understand that each commercial transaction entered into by our clients is important to them and that the ramifications of not getting it right can have both legal and commercial consequences.  Drawing on our commercial legal advisory service + international expertise, we take the time to understand the underlying objectives of each commercial matter and ensure negotiations are tailored, and agreements are structured, to achieve those objectives.  We have in-depth knowledge in a multitude of sectors and work closely with clients including not-for-profits, start-ups, SMEs, national and international organisations, and local, state and federal governments.

In addition to our broader commercial experience, we also have significant expertise advising on state and federal procurement matters for both government and the private sector and regularly assist clients to navigate the complex tender process from bid design, compliance and negotiations to contract stage, through to administration, management and rights enforcement post contract.  Our team includes lawyers who have been in-house legal counsel at government departments or agencies, including a lawyer with almost a decade of experience with information and communications technology procurement for a large government corporation.

We also have unparalleled expertise in sports and events law and a number of our partners hold board positions in prominent Australian sporting institutions.  Our team understand the intricacies of working with sporting organisations and the unique challenges and regulations that they face.  Through this insight, we provide tailored assistance, helping our clients successfully manage and operate their events.  We also regularly advise our clients on governance, IP protection, discipline and media related matters.

Business and commercial advisory

Moulis Legal’s commercial + international expertise is underpinned by our business and commercial advisory services. Our business and commercial advisory team acts for start-up business ventures, not-for-profit entities, small to medium enterprises and publicly listed corporations.

The Moulis Legal business and commercial advisory services generally fall into one of three categories – transactional, service related or regulatory. Our transactional and service related offering includes drafting and negotiating a range of agreements to meet the requirements of the relevant transaction or service, including preparing term sheets, conducting due diligence and preparing and reviewing documents ranging from asset and business acquisitions, standard contractual terms, service agreements, supply agreements, franchise and distribution agreements and employment related documents.  Our business and commercial advisory team works closely with our international trade team and our IP lawyers when working on larger scale international transactions such as international joint venture, supply or distribution arrangements.

Our regulatory services include advice and services to clients in regulated industries including broadcasting, telecommunications, utilities, online gaming and aviation. In addition to industry specific regulations, the Moulis Legal team advises on compliance with regulatory laws which affect a number of business transactions, such as competition, privacy, consumer contracts and trade-related issues and we can also coordinate any international advice required via our extensive relationships with advisers around the world.

The Moulis Legal business and commercial advisory lawyers service clients in a range of industries including energy, resources, manufacturing, telecommunications, utilities, retail, information and communications technology, broadcasting, media, creative agencies, health, sport, events and wine.

From start-up contracts to large scale multi-national arrangements, the Moulis Legal team is here to assist.

Government procurement

Government is a special customer. Its purchases are typically very expensive; it uses taxpayers’ money; it sells public assets. Government procedures and decisions face scrutiny before, during and after contracts have been signed. For officials more than just commerce is relevant. At the highest level, national security and the economy can benefit from good decisions, or be compromised by poor decisions.

Private companies who seek out these business opportunities must recognise and accommodate these factors in their approach to tendering and contracting. They need to traverse a complex array of procurement regulations and guidelines. Our job at Moulis Legal is to assist our clients with bid design, compliance and negotiations up to contract stage, and with administration, management and rights enforcement post contract.

Moulis Legal’s government procurement team is based in Canberra, the home of most Australian government departments and agencies. Moulis Legal is a legal service provider on the Australian Government legal services multi-use list.

Our team includes lawyers who have been in-house legal counsel at government departments or agencies, including a lawyer with almost a decade experience with information and communications technology procurement for a large government corporation.

Government contracting requires lawyers who understand the application of Commonwealth Procurement Rules. The Moulis Legal team have experience developing contracts for a wide range of minor and major procurement activities for government. For private companies responding to a government tender, we can assist with preparing tender responses and negotiation of arrangements.

Whether you are a government department or agency requiring lawyers with Commonwealth procurement expertise or private entities responding to government tenders, the Moulis Legal team is here to assist.

Sport and events

Sport and events are now big business. Moulis Legal understands this, just as we understand sport and events. Our experience and expertise in sports law covers professional football codes, Olympic sports and international sporting events.

Principal partner and founder of Moulis Legal, Daniel Moulis has more than twenty years sports law experience. Daniel was a Socceroo in the 1980s and has been a Director of Football Federation Australia since 2015. He was a member of the Disciplinary & Appeals Committee at Football Federation Australia for 7 years, chairman of Canberra Cosmos Football Club in 2000 and 2001 and director at Johnny Warren Football Foundation from 2012 to 2014.

The other partner in the Moulis Legal Canberra office, Shaun Creighton, represented Australia in track and field from 1988 to 2002, competing in two Olympic Games, four Commonwealth Games and a number of other championships. In 1996 he broke Ron Clarke’s 31 year old Australian 10,000m record, and still holds the Australian 3,000m steeplechase record. Shaun acts for a number of sporting organisations and event organisers. His sport and events legal experience extends to in-house counsel roles at the Australian Sports Commission, the Melbourne 2006 Commonwealth Games Corporation and Melbourne Stopover of the Volvo Ocean Race. Shaun was a director of Athletics Australia from 1994 to 1998, president of the ACT Olympians Club from 2008 to 2012 and has been a national selector for track and field since 2012.

The breadth of the Moulis Legal sport and event services is as you would expect from a team with such extensive sports law experience. Our sport and event law services extends to IP protection, drafting a range of commercial agreements, broadcasting and media, sport governance and disciplinary matters (including anti-doping).

Energy and resources

Fluctuating demand; legislative and regulatory change; international investment; rising costs and shifting prices. The energy and resources sector is dynamic and increasingly internationally focused.

Australia’s energy and resources sector has experienced unprecedented growth in the past decade on the back of strong demand for Australian coal, iron ore and liquefied natural gas from China and elsewhere in Asia. The energy and resources sector has become increasingly complex, with new national, state and territory regulations affecting every facet of energy and resources from investment to exploration to production to sales. Renewable energy has become increasingly important – and controversial. The new and unique challenges that it poses for governments, the industry itself, and its consumers call for absolutely razor-sharp risk assessment and clear and calm legal thinking.

Our experienced energy and resources team provides commercially focused advice to industry leading companies across the energy and resources sector, including conventional and unconventional gas, utilities, oil, mining, resources and renewable energy. We advise and represent clients throughout the project lifecycle: from inception through to realisation, including investment, financing, exploration, commercialisation, production and sale. We help our energy and resources sector clients to trade and invest in resource commodities, and to protect and exploit their technologies and processes.

Projects and investment

Infrastructure, construction, resources and development projects & investment require experienced legal advisors who understand the legal and regulatory requirements, and also the commercial drivers behind the success, of each project.

Our skilled team of commercial lawyers are experienced in the various legal elements of project management, from finance structuring, to contracting and due diligence, through to dispute management and negotiation.

Understanding and managing the various risks and opportunities of the investment environment is critical to the success of infrastructure, construction, resources and development projects in Australia and globally.  The commercial and international focus of Moulis Legal provides our clients with the means to navigate the regulatory requirements and to document the commercial deals that necessarily underpin successful investment.

Moulis Legal’s diverse team is focused on guiding our clients through each stage of project planning, development and completion, and providing commercially focused legal advice that contributes to the success of your businesses’ project.

Downstream petroleum

Moulis Legal has developed a specialised practice advising the downstream petroleum industry, which operates within its own unique commercial environment. We are familiar with the business of fuel sale and distribution and its commercial conventions, such as volume off-take, pricing methodology, transport and importation, terminal and depot acquisition and operation, and all of the associated environmental and safety considerations.

Moulis Legal represents businesses across the downstream petroleum industry, including fuel technology businesses, national fuel distributors, importers, and refiners of fuel products. Our cross-discipline team of commercial, trade, intellectual property, project and dispute resolution lawyers provide our clients in the downstream petroleum industry with specialised and industry targeted advice.

Businesses operating in the downstream petroleum industry are especially affected by contaminated land issues. The storage, handling and distribution of fuel products exposes petroleum businesses to potential contamination and environmental management issues. Moulis Legal has developed comprehensive guides (available for download below) for the management of land contamination issues in each Australian State and Territory.

Corporate

The acquisition or disposal of a business, or entering into a new joint venture or corporate tie-up, is an important and strategic milestone for any company or organisation. At Moulis Legal we take the time to understand the business rationale for the corporate transactions that are brought to us. Then we implement the solution that best achieves our client’s desired outcomes. Our focus is to make it happen in a way that secures the best value, and that minimises ongoing risk.

We have extensive experience working on corporate transactions, nationally and internationally. Our clients value our willingness to think creatively and to provide pragmatic individualised advice, suited to their industry and objectives. Our goals are to deliver great results in an efficient manner, to do the very best for our client as it goes into a transaction and to build strong and lasting relationships allowing us to continue to provide support as their business grows end evolves.

The Moulis Legal corporate team has wide experience. We have advised clients in various sectors, including resources, energy, media and technology, retail, brands, shipping, transport and distribution, and infrastructure. The transactional work of our lawyers has included advising on:

  • high profile joint ventures in Central Asia, in the uranium mining and nuclear infrastructure sectors;
  • Bulk Fuel Australia’s acquisition of Liberty Express from Liberty Petroleum Corporation;
  • corporate establishment and structuring for Fuel Importers Australia and Fuel N Go;
  • corporate structuring issues for Data Governance Australia;
  • Athletics Australia and IMG Sports Technology sports event joint venture;
  • Direct Group’s participation in Globalgig Australia’s mobile broadband joint venture;
  • various IT/ICT mergers and acquisitions, involving start-ups through to established international players; and
  • corporate acquisition and disposal of real estate assets in Cyprus and Eastern Europe.

Our competition, IP, property, energy and resources, international trade and regulatory compliance lawyers provide essential support to our corporate team. We advise on international and national mergers and acquisitions, IPOs, joint ventures, shareholder agreements and early stage and later stage funding. We formulate and respond to the often complex arrangements that are needed to express our clients’ commercial objectives, so that they comply with the law, extract the best value, and protect investors. We work closely with our clients’ other advisers – in finance, accounting, and business – to ensure the best team outcomes.

Mergers, acquisitions, joint ventures

Mergers and acquisitions

The key to a successful merger or acquisition, whether a disposal or purchase, is having advisers that take the time to understand your business and objectives.  At Moulis Legal, our in-depth sector knowledge and market understanding allows us to quickly identify and mitigate risk in a diligent and cost-effective manner.

We have advised clients ranging from family businesses through to large multi-nationals. We understand the complexities of M&A transactions. We proactively manage and drive projects forward to ensure that they are efficiently executed with the least amount of risk and disruption.

Our M&A team advises clients on all aspects of their M&A transactions, from the initial offer through to execution and post-completion implementation. We work closely with our clients’ financial and other advisers.  We manage international aspects of transactions via our extensive relationships with advisers around the world.

Joint ventures

It is often said that the best type of joint venture or shareholders’ agreement is one that sits in the bottom drawer for the entire relationship and hardly ever sees the light of day.  When parties take the time, at the beginning of a joint venture or partnership, to clearly and concisely set out their obligations and rights, how the venture will be funded and what happens when the venture ceases, this is much more likely to be the case.

At Moulis Legal we have extensive experience advising on both incorporated and unincorporated joint ventures and alliances. We draft bespoke agreements tailored to the needs of the venture and the sector in which it will operate.  We guide our clients through the entire joint venture process, advising on the most appropriate structure and creating agreements that reflect the parties’ wishes and that deal with the kind of issues that arise in the relevant sector and more generally.

We have advised on joint ventures in sectors including energy, resources, infrastructure, media and tech, and real estate. Our partners are experienced in local, international and cross-border deals. We understand that not all joint ventures are the same, and neither are the JV agreements that hold them together.

Capital raisings

Raising capital is a necessary part of every business, and can be a time consuming and complex task.  Moulis Legal understands this, and we actively work with our clients to help streamline this process.

Equity fundraising

Moulis Legal has extensive experience advising on the issue of all types of securities and options over securities, from ordinary and preferred shares through to warrants and bonds. We have advised on matters ranging from multi-million dollar bond issues for infrastructure projects, preferred and convertible private equity investments and series and preferred investments into start-ups as well as more traditional ordinary share issues.

We are familiar with the risks, benefits and common pitfalls associated with raising capital via equity and regularly guide our clients, both issuers and investors, to help achieve the best possible terms.

Debt fundraising

Moulis Legal also advises on all forms of traditional (and non-traditional) debt finance from term sheet level through to execution.  The team has particular experience advising clients in the real estate and natural resource sectors.

Corporate

As businesses grow, so do the rules and regulations that apply to them.  The team at Moulis Legal advises clients on all aspects of corporate governance and compliance, whether it be directors’ duties, compliance with data protection and privacy rules or relevant stock-exchange rules and regulations and investor communications.  Where necessary, we can also help identify where businesses may be subject to foreign regulations and can coordinate international advice via our extensive relationships with corporate advisory around the world.

Good corporate governance is particularly important for listed entities. Our team helps corporates meet all governance requirements and also advises on best practice where appropriate. We regularly work closely with boards to deliver best practice and policy solutions tailored to the individual entity.

Our team also offers training on corporate advisory and governance issues for in-house legal counsel and company secretaries.

International

Almost every modern business interacts with the international business community and foreign legal systems in some way, whether through importing products; selling goods and services overseas; investing into a new market; or seeking capital from foreign investors.

Businesses must search for ways to maximise the opportunities presented by the internationalisation of business whilst minimizing the risks of cross-border commerce created by different regulatory environments and unfamiliar laws.

Moulis Legal is a truly internationally law firm that advises and represents businesses from Australia, Asia and globally on a range of cross-border commercial matters. Our lawyers have extensive experience and training in various legal jurisdictions and understand the unique challenges faced by businesses engaging in transactions, disputes, and investments in foreign countries.

We have a particular focus on China. We have long standing expertise and a strong track record in handling China-related work over more than a decade. Our people have knowledge, skills, qualifications and experiences in Australia and China at a truly bi-lingual, bi-cultural and bi-jurisdictional level.

China investment service

Establishing a commercially successful and legally compliant business in China takes more than an internet search. Foreign businesses operating in China that are not structured properly face significant risks – from increased taxation burdens and the inability to transfer profits; to critical delays in company registration and failing to protect intellectual property.

Moulis Legal advises Australian businesses on the structure and risk management strategies for investment into China, giving businesses a roadmap for the structure and steps for their investment. Our detailed and specific advice provides the answers sought by directors and management needing to understand the process and risks of their Chinese business investment.

The below brochure provides businesses with further detail on our China investment service.

Investment and cross-border

Business growth, accessing new markets and securing supply motivate companies throughout the world to invest their capital, expertise and personnel across borders and oceans.

Australia has a long history as a destination for international investment. Australia’s stable political and economic environment and strong rule of law, its valuable physical and intellectual resources, its business potential across a range of industries, its position at the base of Asia and its lifestyle appeal make it an attractive place for foreign businesses to invest.

Cross-border investment is not a one way street. In recent years, Australian businesses have increasingly looked overseas, and especially into Asia and Africa, for investment opportunities. Australian expertise, goods and services are highly sought after across the world, particularly in the dynamic and growing economies of Asia.

International investment – whether into Australia, or from Australia – requires strategic thinking, understanding of different jurisdictions, collaboration and contacts, and artful negotiation. We provide international investors with advice and representation on regulatory compliance, government policies and investment approvals in multiple countries and jurisdictions. We also provide specialised advice and representation for all kinds of international business transactions and activities – from business establishment and financing arrangements to commercial contracting and international dispute resolution.

Trade regulation / commerce

Our key practice areas are in regulatory advice, subsidies and countervailing, anti-dumping, safeguard measures and quarantine. The depth of our experience is evident from the steady and continuous representation of clients in trade matters by our principal Daniel Moulis over three decades of practice.

Our clients are major Australian companies and NGOs, large multinationals, foreign exporters and foreign governments and their agencies. We have handled court and administrative review procedures not only in Australia but also in Argentina, Brazil, Luxembourg, the European Union, the United States and China.

Dispute resolution

Disputes are a part of doing business. All industries and commercial endeavours are vulnerable to disputes that can harm business and damage valuable relationships and opportunities.

Disputes must be managed in a way that is commercially focused and business-centric. The careful and efficient management of disputes is critical to overcoming adversity and allowing a business to move forward.

At Moulis Legal, we guide businesses across Australia and Asia in the management and resolution of cross-border and domestic commercial disputes. We resolve disputes for our clients in many ways – through negotiation and compromise, through successful Court decisions, and by developing extra-legal solutions relevant to our clients’ needs.

Our dispute resolution team is experienced in all forms of alternative dispute resolution, from domestic mediation and litigation through to international commercial arbitration and investor state dispute settlement (ISDS). Christopher Hewitt is a nationally accredited mediator experienced in successfully conducting mediations which achieve real and practical commercial solutions.

Moulis Legal manages the resolution of commercial and regulatory disputes across Australia, Asia and globally.

We appear before various Courts and specialist tribunals on behalf of our clients in a range of matters including contractual disputes, intellectual property rights, town planning decisions and Australian Customs classification and valuation decisions. We also respond to and manage regulatory investigations on behalf of clients involving product safety, consumer protection and competition issues. Representation of our international clients has taken us to the European Court of Justice and the US Court of International Trade.

Wherever possible, we help businesses avoid disputes by ensuring compliance and due diligence in commercial dealings. When disputes cannot be avoided, we use our strengths in strategic thinking, prospect evaluation, procedural accuracy and commercial awareness to resolve disputes quickly and efficiently.

Our dispute resolution team advises and represents clients in a wide range of commercial disputes, with a particular focus on cross-border disputes, business defence and competition and consumer protection.

Our strong focus on excellence, good client communication and well-informed cost control makes Moulis Legal an agile market leader in dispute resolution services. This approach, combined with our commercial awareness, allows our clients to achieve better outcomes in resolving their commercial disputes both in Australia and abroad.

Business defense

Businesses can sometimes feel ‘under fire’ on multiple fronts because of the actions by their competitors, consumers, and even the operation of government policies and regulations.  Whether it is a dispute with a supplier or manufacturer; unfair or anti-competitive conduct by other industry participants; or adverse decisions made by regulators or government authorities, these actions can all adversely affect or hinder the growth and operations of a business defense.

Being able to respond quickly and effectively to commercially damaging circumstances is critical to limiting the risks, costs and negative impacts on your business. Effective risk management and mitigation sometimes requires taking active steps to defend and protect a business’s commercial interests.

At Moulis Legal, we work closely with our clients to identify solutions and commercial outcomes and implement a targeted strategy to overcome challenges and protect the rights of their business. Through the use of informal and formal dispute resolution mechanisms, our lawyers are able to assist businesses to defend or prosecute their commercial interests in an efficient, commercially focused and cost effective way.

We have experience with pro-actively agitating for changes to government policy, responding to regulatory investigations, conducting high-level commercial negotiations, and bringing formal legal proceedings to advocate for our clients’ interests.

Cross-border

International business is especially susceptible to commercial disputes as businesses reach across borders to find new business partners, operate in different regulatory environments and are subject to unfamiliar laws.

Cross border disputes involve unique challenges that requires special commercial and legal strategies. Complex issues of jurisdiction, conflicting rules of procedure and evidence, and even which laws will apply to a dispute must be carefully considered and managed.

Our dispute resolution team regularly advises businesses from Australia, across Asia and globally on the management of commercial disputes across borders. Our lawyers have experience in Courts, tribunals, arbitrations, mediations and other forums in various countries, and have been successful in achieving commercial results for clients in multiple cross border disputes.

In our extensive experience many cross border disputes are resolvable on commercial terms provided the parties have legal representatives that can understand and articulate the various applicable international and domestic legal principles. We regularly work closely with a client’s commercial managers to identify and implement commercial solutions to cross border disputes.

Moulis Legal and its lawyers are active members of a number of international business and law organisations, such as LawAsia, the International Bar Association and international arbitration and mediation forums.

Competition and consumer protection

Operating in a modern and competitive marketplace can be challenging and requires businesses to navigate a maze of laws, regulations and government policies.

The highly charged environment of modern business means that every competitor is searching for an advantage and this can manifest itself in attacks on your business. These attacks may take the form of public accusations of non-compliance with standards, regulations and codes of conduct; anti-competitive behaviour; misleading representations to industry from a competitor; or the initiation of government investigations, especially in relation to consumer protection.

Government regulators – such as, the Australian Competition and Consumer Commission – have extensive and far-reaching powers to investigate and prosecute businesses for apparent regulatory breaches. It is easy for even the most diligent business to find itself subject to a regulator investigation, public inquiry or customer compliant that may result in potential penalties, costs and reputational damage.

Businesses which do not fall foul of the rules can still experience the effects of anti-competitive behaviour, or consumer protection issues and need to be ready to respond in order to protect their business.

Moulis Legal guides our clients through the complex maze of laws and regulations that apply to their business, including obligations to consumers and competitors. We expertly help our clients to manage and respond to regulators, consumer protection agencies and legal proceedings initiated by consumers.

Our lawyers are well-equipped to assist clients in all stages of a regulatory investigation from advising on responding to an initial inquiry and requests for information, through to formally representing clients and responding to notices of infringement or prosecution proceedings.

Property

We service national-level organisations who seek secure income streams from landmark properties, or who are rolling out their property development or investment models, in both the national capital and Queensland. We have also represented key tenants who deliver those income streams and who need appropriate protection from the risks and costs associated with property ownership, and financiers who look for safe returns that are properly investigated and properly documented.

Our aim is to be intuitive, commercial, and responsible. We make a point of learning about our client’s objectives. We have the commercial experience to drive a deal in the right direction. We consider it to be our responsibility to make concise assessments, and to give clear suggestions, about how our clients should proceed.

We strive to be more than a “law firm” by delivering more than a typical level of service.

 

Acquisition and divestment

Our experience covers the acquisition and sale of commercial property, major leases, development approvals, construction contracts and their negotiation, and ownership structures. Our clients have come from all sides of major property matters.

Some of our key projects have included major town centre redevelopments, joint public/private venture development rights, major acquisitions and divestments of Commonwealth tenanted assets in the Federal Capital, industrial property sales, aged care facility developments, divestments of Commonwealth owned properties, property ownership by trust funds, the take-out of contract rights for solar energy facilities, property ownership aspects of utility corridors, and the acquisition and operation of fuel depots.

Moulis Legal has advised on acquisitions, divestments, financing and major leasing concerning the following landmark properties:

Belconnen Town Centre
Westfield Belconnen

Woden Town Centre
Westfield Woden

10 and 12 Mort Street, Canberra City
Commonwealth Department of Employment

62 Northbourne Ave, Canberra City
Commonwealth Department of Infrastructure and Regional Development

Genge St, Canberra City
Australian Taxation Office

Sturt St, Townsville
Suncorp Building

Edmund Barton Building, Barton
Australian Federal Police Headquarters

Jerrabomberra Ave and Hindmarsh Drive, Symonston
Geoscience Australia

Industry House, Canberra City
Commonwealth Department of Industry and Science

255 London Cct, Canberra City
Commonwealth Department of Foreign Affairs and Trade (previously AusAID)

New Acton East, Acton
Australian Competition and Consumer Commission

38 Sydney Ave, Barton
Australian Government Department of Communications

Reed St, Tuggeranong
Medicare Australia Building

Brisbane Avenue, Barton
Australian Federal Police College

Northbourne Avenue, Canberra City
Myuna Development Project

Rudd St, Canberra City
CPA Australia Building

London Circuit, Canberra City
National ICT Australia Building

London Circuit, Canberra City
ME Bank Building

Queen Street, Berry
Berry Service Station

Bli Bli and Cooney Roads, Nambour
Bulk Fuel Australia Depot

Sawmill Circuit, Hume
Investec/Toll Transport

National Circuit, Barton
Hotel Kurrajong

Giles St, Kingston
Medina Classic Apartments

Fremantle Drive, Stirling
Bupa Aged Care

Easty St, Woden
Avoca Residential Apartments

337 Canberra Ave, Fyshwick
DFO Canberra

Not for publication
SunEdison Solar Project

Charnwood, Curtin, Fyshwick, Hawker, Kaleen, Kambah, Mawson, Wanniassa, and Weston
All Tabcorp outlets (previously ACTTAB)

Bunda St, Canberra City
Big W

Fyshwick, Belconnen and Kambah
Storage King

Cooleman Court, Weston
Target

Williamsdale
OneSun Solar Project

Northbourne Avenue
Capital Metro Light Rail

London Circuit, Canberra City
ACT Government Office Block

Development and leasing

Our experience covers the acquisition and sale of commercial property, major leases, development approvals, construction contracts and their negotiation, and ownership structures. Our clients have come from all sides of major property matters.

Some of our key projects have included major town centre redevelopments, joint public/private venture development rights, major acquisitions and divestments of Commonwealth tenanted assets in the Federal Capital, industrial property sales, aged care facility developments, divestments of Commonwealth owned properties, property ownership by trust funds, the take-out of contract rights for solar energy facilities, property ownership aspects of utility corridors, and the acquisition and operation of fuel depots.

Moulis Legal has advised on acquisitions, divestments, financing and major leasing concerning the following landmark properties:

10 and 12 Mort Street, Canberra City
Commonwealth Department of Employment

62 Northbourne Ave, Canberra City
Commonwealth Department of Infrastructure and Regional Development

Genge St, Canberra City
Australian Taxation Office

Sturt St, Townsville
Suncorp Building

Edmund Barton Building, Barton
Australian Federal Police Headquarters

Jerrabomberra Ave and Hindmarsh Drive, Symonston
Geoscience Australia

Industry House, Canberra City
Commonwealth Department of Industry and Science

255 London Cct, Canberra City
Commonwealth Department of Foreign Affairs and Trade (previously AusAID)

New Acton East, Acton
Australian Competition and Consumer Commission

38 Sydney Ave, Barton
Australian Government Department of Communications

Reed St, Tuggeranong
Medicare Australia Building

Brisbane Avenue, Barton
Australian Federal Police College

Northbourne Avenue, Canberra City
Myuna Development Project

Rudd St, Canberra City
CPA Australia Building

London Circuit, Canberra City
National ICT Australia Building

London Circuit, Canberra City
ME Bank Building

Queen Street, Berry
Berry Service Station

Bli Bli and Cooney Roads, Nambour
Bulk Fuel Australia Depot

Sawmill Circuit, Hume
Investec/Toll Transport

National Circuit, Barton
Hotel Kurrajong

Giles St, Kingston
Medina Classic Apartments

Fremantle Drive, Stirling
Bupa Aged Care

Easty St, Woden
Avoca Residential Apartments

337 Canberra Ave, Fyshwick
DFO Canberra

Not for publication
SunEdison Solar Project

Charnwood, Curtin, Fyshwick, Hawker, Kaleen, Kambah, Mawson, Wanniassa, and Weston
All Tabcorp outlets (previously ACTTAB)

Bunda St, Canberra City
Big W

Fyshwick, Belconnen and Kambah
Storage King

Cooleman Court, Weston
Target

Williamsdale
OneSun Solar Project

Northbourne Avenue
Capital Metro Light Rail

London Circuit, Canberra City
ACT Government Office Block

Intellectual property and commercialisation

Intellectual property is a collective term for the proprietary rights over intangible assets created by your mind. Intellectual property can reside in inventions, trade marks, designs and brands, to name a few.

Intellectual property can be a business’s most valuable business asset. It is estimated that more than half of the market capitalisation of the ASX 200 companies is made up of the value of their intangible assets residing in brand names, licences, patents and research and development. As such, intellectual property protection is a crucial activity of many successful businesses.

While some forms of intellectual property automatically attract protection (e.g. under Australian copyright law), others, such as intellectual property residing in inventions, must be applied for.

Intellectual property asset management involves identifying your intellectual property and taking steps towards protecting it. It will also ensure that your intellectual property is well-documented and secure, and take into consideration related rights such as those afforded to the use and protection of confidential information, trade secrets and know-how.

If you intend to operate overseas, be aware that intellectual property laws vary between countries and you may require country-specific intellectual property advice ahead of and while operating overseas to ensure you comply with the laws of other countries.

Moulis Legal is home to experienced intellectual property lawyers in Canberra. We can help you identify, protect and enforce your valuable intellectual property rights in Australia and internationally. We provide intellectual property audit and strategy services, and a full range of services relating to patents, trade marks and designs.

In addition, our business dispute resolution team complements our intellectual property services and spearheads the enforcement, defence, and recovery of intellectual property rights.

Commercialisation and branding

Commercialising your intellectual property means exploiting your intellectual property assets for commercial gain. It might take the form of marketing a new product or service, or licensing your intellectual property to a third party. If managed well, your intellectual property can be extremely valuable for your company.

The pathway to commercialising your intellectual property typically contains a number of steps, from developing a marketable product or service, to preparing the necessary commercialisation plan and marketing strategy. Your pathway will depend on the nature of your intellectual property, the objectives of your business and the particular risks and challenges you anticipate.

Moulis Legal focuses on maximising the return on your intellectual property and managing any associated commercial risks. We will work with you to develop a tailored commercialisation strategy that takes your unique circumstances into account and honours your business goals.

As part of the intellectual property commercialisation process, we also advise our clients on the full raft of regulatory considerations, covering areas such as competition, data privacy, consumer contracts and trade-related issues.

Registration and defence

Your intellectual property (IP) is a valuable company asset that should be protected. IP can reside in inventions, trade marks, designs and brands. Identifying your IP can be an eye-opening exercise if you are a startup, or even an established business, and should be undertaken as part of formulating your business plan.

Your IP can represent your unique selling proposition and be the key to getting and maintaining a foothold in the market. Having robust IP protection and strategies is a surefire method of raising equity capital and providing security to shareholders and investors.

Registration

Many forms of IP must be registered. For example, if you have a new brand, business name or a new product/service, you should apply to protect the associated IP. This might mean registering a trade mark, obtaining a patent, or applying for a design registration. Be aware that if you simply register a business name in Australia you have not have protected it – you will need to take separate steps to do so.

Companies expanding operations internationally should consider registering their IP in any jurisdiction in which they intend to do business, as Australian intellectual property rights will only protect your IP within Australia.

If you have not applied to protect your invention or product, be very cautious about publically disclosing it, as doing so may invalidate any potential patent and/or design rights.

You may want to market your invention or design or show it to investors, which are common ways to raise money for a company. In this case, having a confidentiality agreement in place can protect your IP rights without preventing you from obtaining financial backing.

Be aware that using your invention for commercial gain before filing a patent application can invalidate any potential patent rights. If you are unsure, always seek legal advice for your new business before proceeding to exhibit or monetise your invention.

Defence

Competitors who attempt to infringe your IP represent a real threat to your business. Defending your IP is essential to maintaining its value and your advantage in the market.

Different types of IP rights are covered by different pieces of IP law. This legislation informs what constitutes infringing conduct and what remedies are available. You may also have options in relation to IP matters outside of legislation.

Sometimes, it is not practical or cost-effective to bring legal proceedings in defence of your IP, and reaching a settlement may be best for all parties. Moulis Legal’s IP lawyers bring many years of experience to the table and are able to advise you on the best course of action based on a pragmatic and economic assessment of your chances.

Our dispute resolution team complements our commercial IP services to offer comprehensive assistance when it comes to defending your IP.

Brands, licensing and distribution

It has been estimated that more than half the capitalisation of the ASX 200 companies is made up of the value of their intangible assets such as brand names, licences, patents and research and development. IP commercialisation is the exploitation of these IP assets.

At Moulis Legal, our IP commercialisation services focus on maximising commercial return on valuable IP assets and contractually managing any associated commercial risk. The types of contractual arrangements used to commercialise IP vary on a case-by-case basis. They include strategic alliances, joint ventures, supply and distribution agreements, sale and hire contracts, franchising deals, licensing arrangements, and internet terms and conditions.

Moulis Legal’s franchise law specialists have acted for franchisors and franchisees in industries including retail, pharmacy, restaurants, real estate, bakeries and personal training. Our franchise lawyers draw on the expertise of our IP, commercial, property and international trade lawyers (and when necessary, dispute resolution lawyers) to provide a full suite of services.

As part of the IP commercialisation process, we also advise our clients on the full raft of regulatory considerations, covering such things as competition, privacy, consumer contracts and trade-related issues.

ICT contracting

A core component of ICT products and systems is IP. Moulis Legal has developed a specialised practice in working with a range of ICT service providers. These services are complemented by our IP protection services and government contracting services.

Our specialist ICT lawyers have experience providing legal services on large scale government projects requiring the development, licensing, implementation, integration, support and maintenance of ICT systems. We understand that such arrangements will require a case by case consideration of IP and data ownership, licensing of third party materials, privacy and security, service levels and risk apportionment.

Moulis Legal acts for start-up developers looking to protect and commercialise the IP in their products, apps or services. Our lawyers are aware of the legal pitfalls developers need to avoid, especially when engaging third parties to develop components.

For medium sized enterprises, Moulis Legal puts in place suitable contract mechanisms to provide ICT services including software as a service, or expand operations through teaming and re-seller arrangements.  When contracting or teaming with large multi-national ICT companies, these entities may insist on using their contract terms. Here, our ICT lawyers can assist in negotiating terms and conditions to reflect a more suitable apportionment of risk.

Larger scale ICT contracts increasingly require commercial lawyers who understand IP, contracts, regulatory requirements and international considerations. Moulis Legal’s commercial + international expertise make us well placed to assist.

Startups

Whether you are germinating the seed of an idea or raising venture capital in order to scale, running a startup is both exciting and daunting. The more assistance and expert knowledge you have on hand, the easier your path to an established business.

Moulis Legal began life as a startup 10 years ago in Canberra, so we understand the energy and commitment that goes into establishing a business. We also know that spending some time and resources getting your startup company structure and processes right now can save a lot of effort down the road.

Structuring your business

If you are just starting out, the right business structure will help your Australian startup grow while minimising your personal risk. We can help you meet the legal requirements for your business, and advise you on how to structure it in a way that meets your current needs while allowing you to scale.

You will also need a shareholders’ agreement if you intend to seek external startup funding. This will lay out the terms under which shares are sold or new shares issued as well as business dispute resolution processes and directors’ duties.

Protecting your intellectual property

As a brand new startup, your intellectual property (IP) can be your most valuable asset so your business should own it from the outset. We can advise you on how to protect your IP rights from the beginning.

Any IP that predates the creation of the company structure is usually the property of the founders. In this case, we will draft an IP Assignment Agreement for you that transfers the IP to the company while ensuring that you derive value from it as a shareholder.

As you scale and take on employees, you can protect the IP created by your staff with a well-drafted employment agreement that conforms with employment law and legislation.

Financing your startup

Australian startups benefit from Australia’s stable regulatory compliance framework, generous Australian government business grants, and available startup venture capital. We can help you navigate the fine print that often comes with VC funding to understand their terms. Similarly, if you are seeking seed funding or angel funding, you may want to provide a term sheet of your own. There are a number of conditions to be specified within the term sheet, from vesting provisions to dividends, and our expert advice can help you navigate this complex area.

Ongoing compliance

Like every business, startups are expected to comply with both Australian consumer law and corporate law. If you operate within certain industries, including financial advisory services and the credit industry, there are additional obligations with which to comply.

For your business to thrive, it is imperative that your agreements are enforceable under Australian law. That includes agreements with suppliers and manufacturers as well as your customers. Our standard form agreements will ensure that you are fully compliant with the relevant laws and protected as far as possible from liability.

For more information on starting your own business in Australia, see our Startup kit and Establishing your business downloads, or get in touch with the people below.

Structuring and raising capital

Setting up your legal structure

For most start-ups, incorporating a company is the first formal step in establishing your business, but you should not stop there.  To ensure your business runs smoothly it is important to put in place the right documents and processes to govern the relationship between the company, the founders and any initial investors. This includes thinking about the best share structure, how decisions are made at both the board and shareholder level, what happens if a dispute arises, and what rights and obligations investors have if a buyer or key investor is identified.

While it may be difficult to justify spending money on preparing for potential issues upfront, this is almost always cheaper than resolving them after a dispute arises. Having your house in order from a legal perspective also ensures greater operating efficiency, better relationships with shareholders and a more attractive platform for future investors.  At Moulis Legal, we can help you properly structure your start-up in a manner that allows it to continue to grow and prosper without the need for continuous changes to its legal structure.

Accessing and raising capital

Being able to fund your start-up can make or break your business. To make sure you can access or raise venture capital funding when you are ready, it is important to get the right advice from the outset.

There are many ways that a business can raise money and an equal number of restrictions and regulations around raising funds. Whether you are raising money from friends and family, crowdfunding, signing up to first round venture capital money or entering into a joint venture project with a major private equity player, the right advice upfront will ensure your business and interests remain protected. Getting the terms wrong in early funding rounds can have significant consequences further down the track.

Intellectual property and privacy

Protecting your intellectual property

Whether you are setting up a business in Australia or overseas, intellectual property can be your most valuable asset. Whether it is your new invention, design, or unique brand, your intellectual property is what sets you apart.

At this initial stage, your intellectual property also functions as part of your business proposition, making it essential in raising capital for your startup business. As such, it will be looked at closely by potential investors and competitors alike. It is therefore essential that you document and protect your intellectual property in order to leverage it for business growth.

Almost all forms of intellectual property can be protected by law, primarily through patents, trade marks, design registrations and copyright. We can help you seek patent and/or design protection for your new invention, protect your brand with a registered trade mark, and navigate the pitfalls of copyright law.

It is never too early to start thinking about what your intellectual property is or will be. Consider what you intend to create, and who will be creating it. This will help you identify and protect your intellectual property, ensure your brand registers with customers, and to defend your intellectual property rights if challenged by a third party. You should also ensure that any intellectual property developed by a consultant to your startup or under joint venture arrangements is owned or licensed by the right party.

Our Canberra-based intellectual property lawyers have extensive experience helping startups identify, establish, protect and defend their intellectual property rights.

Privacy and data management

Your startup business is bound by privacy laws in Australia and overseas. There is a complicated legal framework governing personal data, which has become even more complex with the introduction of the General Data Protection Regulation (GDPR) in Europe. If you send data offshore or collect personal information from foreign nationals, you should be aware of the requirements of the GDPR and any other relevant privacy legislation.

For many startups, storing, managing and analysing large amounts of data will be a core part of your business. If you build a privacy policy when you are first starting a business, you are more likely to succeed in legislative compliance.

This includes establishing a transparent set of privacy policies that comply with privacy law in Australia and which regulate how personal information is used. Your operational procedures and security protocols should support these policies.

Design your products and services to minimise the chances of a data breach occurring, but also consider creating a data breach notification and response plan. A common cause of data privacy breaches is human error, so training on data security is key. If you share personal data with third parties or contractors, check that their privacy policies also represent best practice.

As experts in privacy and data protection, we act to help you meet regulatory compliance guidelines in privacy and data management Australia-wide.

Ongoing compliance

Getting ready to launch

Before you launch your product or service, it is good business practice to have standard agreements in place that cover your terms and conditions. Similarly, if you are agreeing terms with a supplier or manufacturer, or negotiating a distribution relationship, getting legal advice upfront can reduce issues further down the line.

When entering into any agreement, it is important to set limits on your liability and protect your business from losses caused by the actions of others. Agreements should also protect your intellectual property and set out what should happen if things are not working out as planned.

Hiring and retaining talent

Finding and retaining the right people is vital to operating and growing your start-up. Hiring top talent is more than just finding someone with the right “culture-fit”. It is about finding someone whose talent is also compatible with your business aspirations. Once you find the right person, you want to make sure that they remain committed to the business as it continues to grow.

Regardless of how small your start-up is, you must be aware of your employment regulatory obligations. Building a solid start-up team also requires you to put in place agreements to engage employees, contractors and interns and outline the terms of directors’ services. You also need to consider strategies to incentivise and retain top talent – whether by cash or non-cash incentive schemes. As your business grows, you will need appropriate policies and procedures to govern how staff and the business interact. These will also help you manage employment related claims and disputes.

Dealing with competition and customers

When you finally launch, it is important to ensure your business is set up to comply with the various competition and consumer laws in Australia. One wrong move can potentially open your business up to liability, or make you an easy target for competitors who want to shut down or damage your business.

To avoid this, you should ensure your standard agreements are enforceable under Australian laws and your advertising and promotional activities are compliant. It is imperative that you also know your rights and obligations when dealing with customer related disputes.  At Moulis Legal we have vast expertise in preparing standard form documents that are concise, user friendly, and fully compliant with Australian law.

Patents, trade marks and designs

Patents, trade marks and designs are all forms of intellectual property (IP) which can be valuable assets to your company. Taking steps to ensure the robust protection of your IP is an investment in your company’s future.

Moulis Legal’s specialist team of IP lawyers, trade mark lawyers, and patent attorneys are Canberra-based with an international and commercial focus. Our IP team is experienced in intellectual property law within Australia and overseas and can help you navigate this complex area.

Patents

A patent gives you exclusive commercial rights to your invention for typically up to twenty years. An invention can be any new device, substance, method or process.

You may apply for a patent by filing a patent application at the Australian Patent Office of IP Australia. Based on Canberra, IP Australia is the Australian government agency that administers IP rights and related legislation. IP Australia recommends that patent applicants seek professional advice from a specialist IP lawyer or patent attorney to greatly increase the likelihood of success, not least because the patent application process can be extremely complex and involved.

Prior to filing a patent application, you should not publically disclose your invention. Doing so can thwart your chances of obtaining valid patent protection. This means you should avoid selling, demonstrating or discussing your invention publicly. If you want to discuss your invention with manufacturers, or with business partners and employees as part of how to raise capital for your startup, confidentiality agreements can be key.

Even if you are unsure of whether to patent your invention, you can consider filing a provisional patent application. This application buys you 12 months to consider your options while establishing the all-important “priority date” for your invention. The priority date is the date against which the novelty and “inventiveness” of your invention is assessed, and can be crucial in determining whether your invention is ultimately patentable.

Trade marks

A trade mark is a sign that helps consumers distinguish one trader’s goods and/or services from those of others. Under Australian Trade Mark law, a wide range of signs can be registered as trade marks, including words, logos, shapes, colours, and even scents and sounds (e.g. the startup sound of Apple computers).

Trade marks serve to identify your brand, allowing customers to easily recognise it from the competition. A registered trade mark can provide you with valuable monopoly style rights in your brand. These monopoly rights can prevent others from using a trade mark which is substantially identical or deceptively similar to yours for the same or similar goods and services.

Registered trade marks can be recorded as valuable assets on your balance sheet and are capable of being licensed, sold and even used as security in commercial transactions. Additionally, a registered trade mark can increase the value of your brand and allow you to effectively license it to third parties, or take action against unauthorised users seeking to ‘free-ride’ on your brand and reputation.

In contrast, enforcing ‘unregistered’ trade mark rights is significantly more difficult (and hence also often more expensive) than enforcing registered trade mark rights.

Do note that even if you register a business name in Australia, this does not amount to obtaining a registered trade mark for that business name. A registered trade mark provides different rights to a registered business, company, or domain name. None of these other registrations in and of themselves provides enforceable rights against third parties. Furthermore, the existence of a business, company or domain name registration does not prevent a third party bringing trade mark infringement proceedings against you (and does not amount to a defence to trade mark infringement).

Designs

A design registration protects the overall visual appearance of your product, and can include your product’s shape, pattern, configuration and/or ornamentation. A registered design gives you exclusive commercial rights to use, license and sell your design.

Design registrations can complement your patent protection, or provide a cost-effective alternative. Identifying and protecting your designs can be a complex process, and it is advisable to engage an IP lawyer or patent attorney from the outset.

Patents Q&A

What is a patent?

A patent grants you exclusive rights over your invention for up to 20 years. During this time, no one else can manufacture, sell, import, or otherwise use your invention without your permission.

What can be patented?

Any device, substance, method or process may be patented. For example, patentable subject matter can reside in mechanical and electrical devices, software, medical processes and pharmaceutical products.

Should I apply for patent protection?

If you have done something new or solved an existing problem, you should consider patent protection before going public with your invention. If you want to commercialise your invention, you may need to demonstrate to investors, business partners, licensees etc. that you own the underlying intellectual property. Our patent attorneys can assess your invention and advise on a patent strategy that fits your overall business plan.

Can I tell others about my invention?

Going public with your invention can be fatal to patent protection. It is best to keep your invention a secret until you have applied for patent protection. Of course, your discussions with our IP lawyers and patent attorneys are bound by client legal privilege.

Can I get a worldwide patent?

Patents are country-specific and patent protection will need to be applied for in each country of interest. If you are seeking patent protection in multiple countries, it can be more cost-effective to file an international patent application under the Patent Cooperation Treaty (PCT).

A PCT patent application is your doorway to patent protection in over 150 countries, and keeps your options open while you determine which countries are important to your business.

I want to protect my invention – what’s next?

The first step typically involves filing a provisional patent application. This application should include a detailed description of your invention which explains how it works. After filing this patent application, you can disclose, promote and sell your invention, and you can use “patent pending” in your marketing. Your provisional patent application will last for 12 months, during which time you can refine your invention, seek funding, and grow the business around your invention.

The next step in the patent application process involves filing a complete patent application (such as a PCT patent application). The type and number of patent applications you file at this stage will depend on your overall business strategy.

The patent application process is quite involved and IP Australia recommends engaging a patent attorney to greatly increase the chances of success. Our patent attorneys will guide you on your patent protection journey and help secure robust protection for your invention.

How much does a patent cost?

The cost of patent protection varies based on the complexity of your invention, the number of countries you wish to obtain patent protection in and your overall intellectual property protection strategy.

At Moulis Legal, we’re excited to help protect and commercialise Australian ingenuity. Our patent attorneys in Canberra would be happy to provide you with a free consult and an obligation-free quote.

 

Trade marks Q&A

What is a trade mark?

A trade mark (or trademark) is a sign differentiates your products and services from those of others. Trade marks help identify your brand, allowing customers to easily recognise you from the crowd.

What can be registered as a trade mark?

While you can probably recall popular trade marks in the form of words and logos, did you know that shapes, colours, packaging and even sounds can be trade marks? Practically anything that distinguishes your goods and services can be registered as a trade mark.

Should I apply for trade mark registration?

If there is some aspect of your branding that distinguishes your products and services, you should consider registering it as a trade mark.

A registered trade mark grants you exclusive rights to use your trade mark. In other words, no one else can use your trade mark without your permission. As such, a registered trade mark can deter competitors from “freeloading” off your brand, and can even be used to stop others from using signs that resemble your trade mark.

Additionally, registered trade marks can be recorded as assets, and can be licensed, sold and even used as security in commercial transactions.

None of these benefits are as clearly applicable to ‘unregistered’ trade marks. Furthermore, unregistered trade mark rights are far more difficult to enforce (and hence often more expensive) than registered trade mark rights.

I have already registered a business/company/domain name – do I still need trade mark protection?

None of these name registrations confer any proprietary rights. For example, your use of a registered business name could still constitute trade mark infringement if someone else has registered that name as a trade mark.

What makes a good trade mark?

Good trade marks are distinctive. These trade marks are more memorable, registrable and thus enforceable.

As a rule of thumb, trade marks that are unrelated to your goods and services are easier to register and can provide strong enforceable rights. Great examples include APPLE for computers, LEGO for building blocks, a Shell logo for petrol, and a “swoosh” tick for sportswear.

Other good trade marks invoke a positive connotation of your products and services. Some well-known examples include Ferrari’s horse logo, and the word INTEL for integrated circuits.

Conversely, the more descriptive or generic a trade mark is, the less memorable, registrable and thus enforceable it will be.

What precautions should I take when picking a business name or trade mark?

Before settling on a trade mark or business name, you should ensure that it isn’t already a registered trade mark, and that there aren’t any common law trade marks which could conflict with it.

Before going full steam ahead with your branding, it may be worth conducting trade mark searches to ensure that you won’t be attacked for trade mark infringement. This can be particularly troublesome if you’ve already committed to your branding, packaging, and associated artwork.

How long does trade mark protection last?

As you may have guessed, trade marks can last indefinitely. The McDonald’s golden arches aren’t going away any time soon.

How much does trade mark protection cost?

Costs will vary based on the distinctiveness of your trade mark, the goods and services in respect of which trade mark protection is sought, and the number of countries you want protection in.

Please contact one of our intellectual property lawyers or trade marks attorneys and they can provide you with a free consult and a no-obligation quote.

 

Designs Q&A

What is a design registration?

A design registration protects the look of your product – including its shape, pattern, ornamentation and configuration. If the look of your product is important, you may want to stop others from copying it by applying for design protection.

What designs can be protected?

Virtually any manufactured product can be protected by a design registration, from drink bottles and mining equipment to smart phones and clothing.

Should I apply for design protection?

You should consider protecting the design of your product if the way it looks is important. Of course, some products are unique because of the way they work, rather than the way they look, in which case patent protection may be more appropriate.

However, if both the function and look of your product are unique, your intellectual property strategy should involve both design and patent protection. This is particularly the case if the way your product works relates to how it looks.

Our patent attorneys handle the filing and prosecution of design applications, and can advise on whether design protection is appropriate for your product.

Can I show the design of my product to others?

Disclosing the design of your product can invalidate any eventual design protection. While potential investors and manufacturers may need to eventually see your product, keep it confidential until intellectual property advice and protection have been sought.

How do I protect my design?

The process starts with filing a design application, which includes submitting drawings of your product. What is ultimately protected is defined by these drawings, so it is crucial that the look of your product is finalised before applying for design protection.

The design application may include a statement which highlights the distinctive features of your design. This statement should be professionally drafted to ensure the broadest possible protection for your design and product.

Soon after filing your design application, it will be registered upon passing a relatively straightforward formalities check. You may also elect to have your design examined by IP Australia so that it is legally enforceable.

How much does design protection cost?

The official fees associated with applying for Australian design protection are listed in this schedule of fees. These fees are collected by IP Australia, a government agency based in Canberra which administers patents, trade marks and designs, among other intellectual property rights and legislation.

Our service fees will depend on your design and the number of countries you wish to pursue protection in. Contact one of our intellectual property lawyers or patent attorneys to get an obligation-free quote on how to best protect the design of your product.