Intellectual Property Lawyers, Sydney

If you don’t own your IP, what are investors actually buying?

This isn’t a hypothetical. We’ve seen funding rounds stall because a founder built the MVP as a contractor before incorporating, and the IP assignment was never done. We’ve seen acquisitions fall over because core code was written by a freelancer with no written agreement. IP assignment is one of those things that’s trivial to fix early and painful to fix later.

The IP gaps that catch founders out

Here are the three most common problems We see:

  1. Founder-created IP that was never assigned to the company. If you wrote code or designed a product before the company existed, or while you were still employed elsewhere, the company may not own it. We draft assignment agreements that transfer ownership cleanly.

  2. Contractor IP with no written agreement. Under Australian law, a contractor generally owns the IP they create unless there’s a written agreement saying otherwise. This is the opposite of employees, and it catches people off guard.

  3. Open-source licence obligations. If your product incorporates open-source software — and it almost certainly does — the licence terms may affect your ability to keep your code proprietary or commercialise it in certain ways. We audit open-source usage and advise on licence compatibility.

Trademarks

We’ve registered over 50 trademarks across Australia and internationally. The process involves clearance searches, application filing, responding to IP Australia examination reports, and occasionally handling oppositions. But beyond the mechanics, We advise on trademark strategy — what to register, in which classes, and when it’s worth the investment versus when it’s premature.

Copyright in software, content, and creative works doesn’t require registration in Australia — it exists automatically. But ownership and licensing terms matter enormously, especially when multiple parties contribute to a deliverable. We draft licence agreements that give clients commercial flexibility while protecting the rights that matter.

NDAs — the first legal document in most relationships

We draft NDAs regularly. The goal is a document that’s proportionate to the sensitivity of the information and the nature of the relationship — not a ten-page agreement for a preliminary conversation.

Your IP is probably your most valuable asset. If you’re not sure whether you actually own it — or whether it’s properly protected — let’s sort that out.

Frequently Asked Questions

Does my startup automatically own the IP my contractors create?

No. Under Australian law, contractors generally own the IP in work they create unless there is a written agreement assigning it to your company. This is the opposite of employees, where the employer typically owns work-related IP. Always use a written contract with a clear IP assignment clause.

How much does a trademark cost in Australia?

Filing a trademark application with IP Australia costs from around $250 per class (online). Legal fees for clearance searches, preparing the application, and handling any examination reports typically add $1,500 to $3,000. The total cost depends on the number of classes and whether any objections arise.

What is an IP assignment agreement?

An IP assignment agreement transfers ownership of intellectual property from one party to another — for example, from a founder or contractor to the company. It's essential for ensuring your company actually owns the code, designs, or content that was created for it.

Do I need an NDA?

It depends on the context. NDAs are useful when you're sharing genuinely confidential information — like proprietary technology, financial data, or trade secrets — with potential partners, investors, or contractors. For early-stage conversations where you're just describing your idea at a high level, an NDA is often unnecessary and can slow things down.