Protect your unique
Protecting what makes you unique.
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Your business’ success is defined by its ability to be unique. Whether it’s a secret sauce, a few lines of code, the mechanics of a machine, or the way you get things done, your commercial viability is the result of the value that is delivered by your unique.
Buchanan (byoo-kan-uhn)
is a boutique intellectual property and commercial law practice. We are dedicated to helping clients protect, grow and enforce their intellectual property assets through expert and dependable advice.
is a boutique intellectual property and commercial law practice. We are dedicated to helping clients protect, grow and enforce their intellectual property assets through expert and dependable advice.
Immersive legal
services.
When it comes to protecting your unique, you are only as strong as your weakest link. Our clients enjoy unparalleled attention to detail from our IP, Corporate & Commercial Legal services.
As a team of specialists, we are incredibly focused on helping our clients achieve their commercial goals. We believe the best way to do this is through relationships built on invested interest and mutually-determined value. We immerse ourselves in your business and brand to achieve the best possible outcome for your circumstances.
Advised on the sale of Merchant & Maker – the Mornington Peninsula’s premier cafe, 3 years running
Completed December, 2018
“We had been working with Scott for a number of years and were confident Scott and his team would manage this important transaction for us. The Buchanan team navigated us through this sale transaction, and all of its nuances, and ensured the successful and timely completion of this deal.”
another case study
- Sale of Business
- General Commercial
- Property Leasing
Our Expertise —
IP Review, Strategy and Reporting
Thorough strategic analysis of your Intellectual Property
environment will solidify your competitive advantage and
increase your long-term sustainability. Secure ownership
to core IP assets and mitigate IP infringement and counterfeit risks.
IP Training (including training for boards and executive teams)
Good governance demands an understanding of the nuances of
Intellectual Property law. This in-turn leads to better strategic
management and leadership from the board, executive team and the GC.
Trade Mark Portfolio Management
We’re experienced in managing large trade mark portfolios
and helping clients achieve the cost savings and asset protection
benefits that come from having a single trusted advisor maintaining
a watch over your brand assets.
Patents, Trade Secrets and Confidential Information
An expert strategy that secures rights to your novel ideas and
know-how can underpin sustainable revenue and create strong barriers
to entry. Monopoly rights conferred by the international patent system
may be ideal for a particular invention (e.g. if there is a real threat
to reverse-engineering). In other instances, a business may be better
served by a thorough system for the management and enforcement of its
confidential know-how and trade secrets.
Enforcement of IP rights
The value of a strong stable of IP rights doesn’t reside only in their
commercialisation potential but also, the ability to enforce these rights
against competitors and unauthorised users. Enforcing your IP enables
businesses to preserve your unique.
IP Commercialisation and Licensing
Secure sustainable revenues and a return on your investment
into your intangible assets through a broad range of
commercialisation activities ranging from licensing,
merchandising, sponsorship and spin-off entities.
Trade Marks and Brand Protection
Successful brands are underpinned by robust trade mark
strategies. Registration is the only way, at law, to protect
your important brands. Whether it’s your distinctive name,
logo, tag-line, packaging, shape, sound, colour or even a
scent - protect your goodwill against competitors and counterfeiters
through our national and international registration services.
Copyright (including advisory in the digital context)
Copyright represents the dominant intangible asset for digital
businesses. Securing ownership from all relevant authors (e.g.
employees, contractors, alliance partners etc) is essential for
driving enterprise value and arming the business against copycats.
Designs
Often overlooked, registered designs represent an important class of
IP assets for businesses involved in the design of distinctive products.
Our scope of services relating to designs include design registration
services, licensing agreements, sale agreements, enforcement and advising
on technical design/copyright overlap issues.
Domain Name Ownership and Dispute Resolution
Domain names are a logical extension to your brand strategy. Just as it
is important to protect your key domains, an eye should always be kept on
the market to ensure competitors are not seeking a free-ride off your
investment in your goodwill via the use domain names that closely resemble your brands.
Our Expertise —
Business Structuring (including company registrations for start-ups)
Sound legal structuring is key to the protection and effective monetisation
of your IP assets. Structuring your venture for success requires a bespoke
approach having regard to your industry, categories of intellectual property
rights, geographical markets, competitors and future plans.
Legal due diligence investigations and reporting
A thorough and tailored legal due diligence provides investors and
purchasers with peace of mind before executing their transaction. We
regularly work with other law firms requiring expert assistance on IP
related enquiries and due diligence reporting.
Joint Venture and Strategic Alliance Agreements
Whether it’s a JV, alliance or an IP spin-off, Buchanan can advise on a
broad range of vehicles to give effect to your IP commercialisation goals.
Fundraising
We’re well-versed in mitigating the risks that fundraising campaigns and
projects can have, particularly if crowd or stakeholder participation is
required. Our services provide a protective legal framework that will allow
your fundraisers the opportunity to perform at their highest potential.
Private Acquisitions and Sales of Companies and Businesses
Buying and selling a businesses can be both an exciting and scary process.
With an experienced legal team in your corner we can help cut through the
complexity and deliver a positive transactional outcome.
Corporate Governance, Board Charters, and Directors Duties
Directors are responsible for “setting the tone” when it comes to matters
of compliance and risk. Allow Buchanan to guide your board and executive
teams in the effective management of your Intellectual Property.
Founders’ Agreements (e.g. Shareholders’ and Partnership Agreements)
A well structured Founders’ Agreement, tailored to your particular business
operational and exit goals represents a foundation stone for the proper
governance and future growth for your business.
Our Expertise —
IT Contracts
We have a wealth of experience across a broad range of technology
transactions. We’re keen observers of emerging commercial models and
the new approaches to commercial relationships and risk allocation.
This enables us to “connect the dots” and create new contract models
to deliver on the promises of digital transformation.
Manufacturing and Supply Contracts
Contracts with your key supply chain partners represents a critical
part of the IP protection and commercialisation equation. In combination
with formal IP rights, carefully developed contracts focussed on provisions
addressing confidentiality, non-compete and exclusivity will help protect
your unique for sustainable success.
Consultancy Contracts
Whether you’re engaging a consultant into your project, or are a consultant
yourself, consulting appointments give rise to a myriad of IP and related
risk issues. Well drafted contracts will ensure each party’s IP rights are
properly protected having regard to their own background IP, newly created
IP and other third party IP.
Sponsorship Contracts
Sponsorship agreements can represent an important part of your branding
strategy. Buchanan has deep experience in drafting and advising in relation
to complex sponsorship arrangements with a focus on ensuring maintaining
and promoting brand integrity.
Australian Competition and Consumer Law (training, policies, & advice)
We are experienced in advising on a broad range of consumer protection
and competition law issues under the Australian Consumer Law (ACL).
The ACL impacts upon the majority of commercial scenarios ranging from
exclusivity arrangements, third line forcing, agency and JV agreements.
Advertising / Marketing Clearance Advice)
We regularly provide timely and commercially focussed advertising clearance
advice with a focus on ensuring your marketing and advertising strategies
comply with the consumer protection provisions of the ACL. We can review
and give you the “all clear” on specific marketing collateral, develop
internal clearance systems and provide ongoing training to your team.
Employment Contracts
Our advice and drafting services include a strong focus on creating
employment contracts that protect your IP, your trade, and your employers.
Executive Terms of Engagement
The engagement and management of an effective executive leadership team
can greatly benefit from having an experienced team of legal professionals
who understand the nuances surrounding employment, IR, and compliance.
Client / Customer Terms & Conditions
Allow Buchanan to assist in the creation of your new standard terms of
service developed with a keen eye on your particular commercial objectives
and business risks. We pride ourselves on developing plain English and easy
to use contracting forms that meet required standards under laws relating
to Personal Property Securities, Australian Consumer Law (including
prohibitions against unfair contract terms) and privacy.
Website Terms & Conditions
Terms and conditions are only as strong as their ability to protect and
enforce specific commercial objectives, something that a template is unlikely to achieve.
Confidentiality Agreements (NDAs)
Preserving the confidentiality of key trade secrets and know-how is a
fundamental component to any venture’s IP strategy. We possess unrivaled
experience in the effective management of our clients’ valuable knowledge
assets particularly in the context of private equity and M&A transactions.
Competition Ts and Cs
Competitions are a great way of promoting your brand, engaging with your
customers, and attracting a wider audience. Allow us to help you navigate
the multi-layered regulatory regime and draft compliant terms to enhance
the success of your competition.
Privacy
We’re adept at working with clients in the digital frontier on matters
relating to technology, AI, new media, direct marketing and data analytics.
Clients benefit from our holistic and commercial approach to managing data
as an asset with our related expertise in copyright law and the protection
of valuable know-how.
Industry Specific Regulatory Advice (e.g. education, startups, wagering)
Our core value of empirical enquiry means that we are relentless
in our immersion in your specific industry and the laws and regulations
that pertain to it, resulting in objective and well-grounded legal advice.
Independent Contractor Agreements
We can assist with the enforcement of independent contractor agreements
and the establishment of protective frameworks to ensure that value is
consistently delivered and the threat of IP infringement is mitigated.
Non-Compete Agreements
We can protect the long-term viability of your IP by ensuring you are
well-protected from the risk of employee, executive, and contractor
counterfeiting through implementing enforceable non-compete agreements.
Blog
Useful free advice, resources, and opinions.
A win for the Real Penfolds against Fake Penfolds
07 Aug '19
Encouraging news for Australian brand owners in China. Much has been written about Trade Mark strategies for Australian businesses protecting their brands in China and combatting infringement in that country. This case represents an interesting spin on the enforcement of Australian brands against would-be exporters of counterfeited goods to China. Quite frankly, it’s cause for
Snake Man loses trade mark infringement bet
25 Oct '18
Earlier this month Justice Robertson of the Federal Court dismissed trade mark infringement proceedings commenced by a Mr Raymond Hoser (a.k.a The Snake Man) against Sportsbet. Television viewers will be familiar with Sportsbet’s often humorous and distinctive advertising typically featuring an individual engaging in a high concentration activity before being interrupted by a distinctive man’s
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Book a time to meet us, and discover what it’s like to have an experienced legal team immersed in your business and protecting what makes your business unique.