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Contact Buchanan:

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.





Buchanan
Buchanan
Protect your unique
Protecting what makes you unique.
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When it comes to protecting your unique, you are only as strong as your weakest link.

Buchanan’s legal practitioners work to forge a deep understanding of your business, your brand, and your legal situation in order to create a comprehensive strategic solution to your IP, Corporate Governance, M&A, and General Commercial requirements.

Our team is a dedicated group of experienced professionals who only take cases that we can immerse ourselves into in order to achieve the best possible outcome for our clients.

An independent and expert law firm

We’re an independent specialist IP and commercial legal practice. We believe independence is critical to ensuring our clients’ needs and interests remain at the core of our services and how we deliver them.

Being “boutique” allows us to focus on personal service, quality and value for money. We believe our services, in our chosen areas of expertise, represent a better alternative to those offered by large national and global law firms. We’re small, but we punch above our weight.

Professional memberships

Our firm, and members of our team, are proud members of:

  • INTA – The International Trademarks Association
  • IPSANZ – The Intellectual Property Society of New Zealand
  • LIV – The Law Institute of Victoria
  • AICD – Australian Institute of Company Directors
Industries we worked within —
Secure your innovation
Technology
Direct Marketing
Sport
Wine
Startups
Hospitality
BioTechnology
Manufacturing
Education
Branding
Racing & Wagering
FMCG
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About Buchanan
Scott Buchanan
Founder, Director

20 years experience in IP and Commercial law

Previously partner at an international law firm; founder and director of his own practice; group general counsel; company director and secretary.

Registered Lawyer, registered Trade Marks Attorney

Graduate of the Australian Institute of Company Directors, Masters of Laws in Intellectual Property from Monash University.

Aimee Pomogacs
Senior Lawyer

“The best thing to come out of Hungary since the Hungarian Vizsla.”

Aimee is a passionate, dynamic and focussed commercial lawyer with broad general commercial and business law experience. Aimee has earned her stripes as a respected lawyer firstly from her time at a national top-tier law firm and subsequently in fast-paced legal counsel roles. Aimee’s strengths include building strong client relationships and taking the time to truly understand a client’s particular operating environment, critical to delivering commercially focused legal solutions.

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Our Values
Buchanan exists to enhance our clients’ commercial and marketplace interests through protecting the assets, intangible and tangible, that make you unique. Uncover the beliefs, ethos, and personality behind the Buchanan brand that has led us to where we are today by following our Positioning Tree below!
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  • enhancing
    • sustainability
      • protecting the importance of the intangible
        • identity protection
          • Brand Identity Protection
            The art of protecting your unique is achieved through our specialist trade mark and copyright legal services. Our practice protects all aspects of your unique, ranging from domain names to colours and imagery, and we work to both protect and enforce your brand.
          • Communications IP Protection
            Copyright is a fickle beast, and the protection of designed and developed solutions isn’t always covered by “standard” copyright solutions. Our abilities to identify the best strategic approach to the protection of new technologies include providing digital communications advice, compliance around the use of data, cookies, analytics, and direct/re-marketing, strategy regarding breaches of Australian Consumer Law, and risk analysis and advice surrounding the legal pitfalls associated with new technologies.
        • "originality" protection
          • Competitive Differentiation
            Your unique can only remain unique when your competitors are unable to counterfeit or infringe on your commercial IP. We can assist with anti-counterfeiting solutions, defence against claims of infringement, audit and due diligence of IP and related rights, and protecting new and emerging IP rights through a robust IP protection strategy.
          • Protecting Competitive Advantage
            Your products, services, and customer experiences are protected by our expertise in contract, confidentiality, patents and IP infringement advice and enforcement.
      • increaser of inherent value
        • creating organizational value through IP services
          • Increasing Value of the Intangible
            We can help increase the value of your underlying intangible asset base through a broad range of IP commercialisation agreements ranging from merchandising and brand licensing agreements through to franchising, JV and strategic alliance agreements.
          • Value-Added Asset Safeguarding
            The greatest value-adds in an organisation are easily overlooked when it comes to legal strategy. Whether it’s a breach of confidentiality, a commercial partnership breakdown, or a need to protect and enforce knowledge and IP, our abilities in competition and consumer law, copyright, and trade mark law will fill all the gaps in the protection of your unique.
          • Brand Strength Protection
            We can help increase the value of your underlying intangible asset base through a broad range of IP commercialisation agreements ranging from merchandising and brand licensing agreements through to franchising, JV and strategic alliance agreements.
    • empirical
      • thorough
        • mitigating the risks of uncertainty
          • Emerging Technologies
            Our experience working with a wide range of startups and clients in the technology, ecommerce, and biotechnology sectors has given us a deep understanding of best practices and strategies for legal protection and enforcement of rights in new industries.
          • IP Strategy
            Understanding your IP landscape is critical when making decisions regarding the future direction of your growing business. We offer a commercial IP perspective and work with businesses across a range of sectors to help management teams understand the IP risks to be navigated and the IP opportunities to be leveraged. We develop tailored IP policies and related documents to underpin our clients’ IP strategy.
        • mitigating the risks of instability
          • Experts in New Industry
            Our experience working with a wide range of startups and clients in the technology, ecommerce, and biotechnology sectors has given us a deep understanding of best practices and strategies for legal protection and enforcement of rights in new industries.
          • Experts in the IP of Entertainment
            With a deep passion for sport, music, dining, and of course wine, Buchanan’s cultural affinity with all things entertainment has been matched by a rich history of working with the sport, wagering, racing, and hospitality industries. If you’re in the business of entertainment, we have a personal and professional history in supporting your IP and commercial law needs.
      • pioneering
        • pioneering
          • Driven
            If you want to define us, define us by our passion. We put our skin in the game with our clients every single time, as there is no better driver. Our clients are ensured that a hungry team of professionals will be driving their IP, corporate governance, and general commercial requirements to the best possible outcomes, every single time.
          • Counter-Culture
            We believe in creating relationships between Buchanan and our clients, which means we’ve done away with the stuffy corporate environment that can overshadow many legal experiences. We offer free consultations to identify IP areas in a business that could benefit from strategic strengthening, and always achieve in a consensus between Buchanan and our clients that ensures your expectations of fair value are being achieved.
    • harmonious
      • culture changing
        • community
          • Decentralised
            Modern business is made stronger through networks and relationships, not conglomerates. We can help you take it to the biggest of them through our deep understanding of and admiration for the power of networks and decentralisation.
          • Collaboration Experts
            Whether you need help with your joint venture, sponsorship, or partnership, or you need us to assist your wider legal team, we get the power of collaboration. The belief in horses for courses makes our approach to collaboration with other legal teams and our support in your collaborations one that focuses on efficiency and quality outcomes.
        • selfless
          • Attentive
            As we immerse ourselves in our clients, we pride ourselves on our ability to remain a legal partner that can add value through objectivity and is constantly improving our own value through continued learning and development, the results of which are shared with our clients on a constant basis!
          • Invested
            Our immersion in our clients’ work means we are 100% invested in achieving positive outcomes for Buchanan clients. We are passionate about all of our clients, and offer a retainer service that enables us to remain invested in your business at every step of the way.
          • Empowering
            Our services and the experience we offer is designed to empower our clients with sound strategic legal advice that protects and enforces IP long after we’ve drafted the documents. We also believe in providing certainty behind our fees and billing, and remain 100% transparent with our clients as a matter of principle.
      • wholesome
        • Humble
          We pride ourselves on being a refreshingly down-to-earth and approachable law firm. Whether it’s Luke Beveridge handing his medal to Bob Murphy or Bruce Springsteen just doing what he does best, we are inspired by the people and organisations who show that humility and success can go hand-in-hand. We believe this is reflected by our flexible offerings outside of billable hours, including capped fees for individual matters.
        • Ethical
          With Buchanan, you’ll find a legal partner who doesn’t just view the bottom line when it comes to client relationships and outcomes. We are a profession first, focussed on our clients’ interests.
        • Grounded
          Call us old fashioned, but the earth doesn’t revolve around us. We believe that we have a duty to be honest, genuine, and principled when it comes to interaction with each other, our clients, and our community. We enjoy a healthy balance between work and lifestyle, and are always looking for the opportunity to lace-up and head out for a long run during the week to keep us grounded.
Our Expertise —
Intellectual Property
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.
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Our Expertise —
M&A and Corporate
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.
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Our Expertise —
General Commercial
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.
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Contact Buchanan:

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.





Suite 117, 3 Male Street, Brighton, Victoria, 3186
hello@bchn.com.au
03 9596 8495