LEGAL
Intellectual Property
A strategic global approach to protecting, managing and commercialising IP assets
Search our PeopleDeveloping legal strategies to maximise and protect the commercial potential of IP assets, ideas and existing and new technologies is vital to a company's success.
New technologies demand versatile and adaptable strategies to keep pace with fast-evolving software and AI.
We understand how important IP is to business from IP strategy to protection through to handling disputes and litigation. Our team gives pragmatic and commercial advice to our clients and works closely with them to help achieve their commercial objectives. The practice also offers expertise in food labelling, advertising and marketing advice and the regulation of therapeutic goods and cosmetics. We act for an impressive list of domestic and international clients within the technology, life sciences, food and beverage, retail, sports and media sectors.
Covering all aspects of IP across every major industry
We work seamlessly and collaboratively across geographic boundaries and provide global insights to clients.
Commercial and innovative approach
Our deep understanding of each client's business needs and objectives means we are well adept at aligning intellectual property portfolios with overall corporate strategy.
Managing trade mark portfolios
We manage trade mark portfolios for clients on a local, regional and international basis and advise on appropriate branding and trade mark strategies globally.
Technical and scientific experience and qualifications
By understanding the technology and the business of our clients we can rapidly identify and help resolve issues.
Cybersecurity incident or data breach support
We partner with Ashurst Risk Advisory to offer holistic business solutions, and provide seamless legal and risk advice to help minimise business disruption and mitigate risk and disputes.
Cost-effective legal solutions
Our IP team works with Ashurst Advance to provide cost-effective and efficient solutions for large projects where implementation of advice can be technology driven, such as contract remediation.
How we can help
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Protection and strategies for IP
A successful strategy to protect your company’s valuable intellectual property is vital to its success and enables maximisation of its value.
Read moreProtection and strategies for IP
Overall strategic goals
A successful strategy to protect your company’s valuable intellectual property is vital to its success and enables maximisation of its value. Ongoing IP management involves regular reviews of your IP to ensure that the portfolio is aligned with the company's overall strategic goals and effective systems are in place to protect it.
Maximise the value of your IP
Our team can help you maximise the value of your IP, including trade marks, copyright, moral rights, designs, patents, confidential information, trade secrets, know-how, AI, data, technology, brands, domain names, business and trading names and plant breeders rights. We work with our clients on all aspects of the protection, exploitation and enforcement of their copyright, designs and databases and advise on effective systems to protect IP. We develop anti-counterfeiting strategies, protect domain names and act in trade mark infringement and associated passing off and consumer protection litigation. Our trade mark team works with some of the world's most recognised brands to manage trade mark portfolios for clients on a local, regional and international basis and advise on appropriate branding and trade mark strategies globally.
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IP commercial and advisory
To commercialise technology and IP, businesses need to consider how to maximise returns from an IP portfolio.
Read moreIP commercial and advisory
Commericalise your IP
To commercialise technology and IP, businesses need to consider how to maximise returns from an IP portfolio. This is of key importance especially to technology and pharmaceutical companies that rely on their IP and know-how or would like to acquire rights from another company.
Negotiating and drafting expertise to finalise agreements
Our depth of experience across numerous jurisdictions and industries helps us to provide commercial strategic advice at the beginning of the life cycle, from agreements for research funding and grants, R&D consulting, non-disclosure agreements and technology development and licensing under EPC (Engineering, Procurement and Construction) and FEED (Front End Engineering Design) agreements. Our team also has experience in negotiating and drafting commercial contracts, agreements and licences for outsourcing and other service provision agreements, IP assignments, technology acquisitions and sales, joint ventures, franchises, supply and distribution contracts, strategic relationship agreements, service agreements, agency arrangements and manufacturing agreements.
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IP enforcement, defence and litigation
A number of developments have caused an increase in enforcement of IP rights, including disputes involving cutting-edge technologies.
Read moreIP enforcement, defence and litigation
Increase in IP disputes
A number of developments have caused an increase in enforcement of IP rights, including disputes involving cutting-edge technologies, such as AI and biotechnology; cross-border disputes with the growth of globalisation of markets including anti-counterfeit claims; and disputes that involve personal data and privacy.
Global coverage and familiarity with a diverse range of industry sectors
We work closely with leading multinational companies to enforce and exploit their intellectual property rights. We apply our technical skills in IP to provide expert advice to companies operating in industries as diverse as the pharmaceutical, manufacturing, publishing, food and beverage, retail, media, financial services, life sciences, gaming and electronics, energy and mining. We have a strong track record of securing successful pre-litigation outcomes by taking a commercial approach to dispute resolution and can act in arbitrations and mediations. Our lawyers are also experienced in litigation across a range of jurisdictions, including seeking urgent injunctions, taking and defending Court proceedings. We also handle oppositions and related actions before national and international registries.
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Media commercial, advisory and disputes
Increasing use of digital media poses challenges to the traditional legal frameworks.
Read moreMedia commercial, advisory and disputes
Digital challenges
Increasing use of digital media poses challenges to the traditional legal frameworks. As new technologies emerge the balance of issues such as free speech, fake news, copyright, defamation, privacy and security need to be addressed.
Full portfolio of commercial services
We understand the media regulatory landscape and assist clients in relation to the full suite of commercial services: pre-publication and clearance work, production, content licensing (including music, film, tv and sports content), distribution, copyright, trade marks as well as branding, sponsorships, marketing and advertising buying agreements. Our experience across all aspects of media and communications enables us to deliver timely and strategic advice to a range of key media players, as well as government and corporate clients. We have a substantial team that conducts litigation in a highly efficient way, led by partners who can be trusted to make critical judgment calls effectively, particularly in regard to defamation, contempt proceedings and publication disputes. We also draft law reform and regulatory submissions to government reviews, having acted for combined media groups.
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IT, cyber and data breach disputes
To operate in an increasingly complex digital environment, businesses need to navigate the regulatory and legal landscape of cyber security, data protection and privacy management.
Read moreIT, cyber and data breach disputes
Navigating digital environments
In an increasingly complex digital environment, we help clients navigate the regulatory and legal landscape of cyber security, data protection and privacy management. Emerging technology and leveraging the value of data is at the heart of digital transformation. Its value as a strategic asset is being increasingly recognised, as organisations harness the value of their data to maximise efficiencies and reduce costs.
A global end-to-end service
Our team advises on the development, protection and commercialisation of technology, as well as tech and cyber disputes, including those concerning data breaches, software projects and the copying of code. Our lawyers also work closely with our Ashurst Risk Advisory team to offer cyber risk, data breach and crisis management support.
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Sponsorships, advertising & marketing, distribution and consumer law
Advertising and marketing of products and services is crucial for a successful business to reach potential customers, and essential to this activity is the protection of brand, copyright and design.
Read moreSponsorships, advertising & marketing, distribution and consumer law
Commercial outcomes
Advertising and marketing of products and services is crucial for a successful business to reach potential customers, and essential to this activity is the protection of brand, copyright and design, as well as considering consumer protection and regulatory compliance. One of the recent challenges with the rise of ESG is to make sure that environmental claims can be validated.
Full spectrum of marketing and advertising
We advise on IP ownership of advertising and related materials and conduct advertising copy and labelling reviews for a wide range of clients. This includes advising on the application of consumer protection, IP laws and other regulatory regimes applicable to advertising and marketing, as well as creative agency agreements, media and advertising agreements, and sponsorship and merchandising arrangements. We also advise on consumer promotions, product launches and reviews, as well as lotteries. We represent clients in litigation relating to advertising, labelling, consumer promotion and in claims before government marketing regulators and self-regulatory Advertising Standards boards.
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Food, beverage, therapeutic goods and other regulated products
The food and beverage, and therapeutic goods and pharmaceutical industries face unique challenges, particularly regarding consumer expectations and compliance with regulatory regimes and guidelines of different countries.
Read moreFood, beverage, therapeutic goods and other regulated products
Food, beverage, therapeutic goods law
The food and beverage, and therapeutic goods and pharmaceutical industries face unique challenges, particularly regarding consumer expectations and compliance with regulatory regimes and guidelines of different countries, including the regulation of new and novel ingredients and compositions. Clients may also face challenges from competitors in relation to advertising, labelling and geographical indications and country of origin claims.
Commercial and pragmatic advice
Our team provides strategic advice to local and international food and beverage, and therapeutic goods companies on compliance with regulatory frameworks and recalls. We are experienced working with regulators in relation to any disputes. We advise on the full range of issues, including Food Standards Code advice and defending prosecutions, packaging and labelling reviews, food composition regulatory requirements, marketing, advertising and branding, supply and distribution agreements, as well as consumer and competition laws. We are experienced in the therapeutic goods, pharmaceutical and medical devices industries and the challenges with launching new medications, such as medicinal cannabis and psychedelics.
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Life Sciences
In an industry at the forefront of innovation, it is important to consider the latest developments, including regulation of therapeutic goods and medical devices.
Read moreLife Sciences
Innovation and change
In an industry at the forefront of innovation, it is important to consider the latest developments, including regulation of therapeutic goods and medical devices, as well as to protect and maximise IP portfolios especially through patents.
Complete service offering
As some of our team members have a science background and qualifications, we understand technology which enables us to identify commercial issues at an early stage, such as those relating in the food/medicine interface. We support clients with advice on patent infringement litigation, revocation actions and oppositions, as well as freedom to operate, technology transfer, advice on clinical trial agreements and product development, in-licensing and distribution, brand protection, commercial and IP disputes, and product liability. We can also advise on contract R&D agreements, material transfer agreements and non-disclosure agreements to protect ideas and information. We can draw on other areas of our firm for tax, anti-trust, and corporate and commercial advice.
We understand your business
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Our works, awards & rankings
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News Ashurst advises Commerzbank AG on the acquisition of 74.9% of the shares in Aquila Capital Investmentgesellschaft GmbH
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News Ashurst advises PureHealth on its acquisition of the Circle Health Group
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