We Do Legal
First to register wins. Your intellectual property lawyer makes sure it’s you.
IP isn’t just something you protect, it’s something you set up.
We see the same issues again and again: trade marks filed after the product launches, assets registered under the founder’s name instead of the company, missing assignment clauses in contractor agreements. These gaps aren’t technical, they’re expensive. We help you get the registrations done early, in the right name, and supported by the contracts that make them enforceable.
Decide what to register and what to keep secret
Not all intellectual property needs to be registered. And not everything can be. We help you assess what’s eligible for trade mark, design or patent protection and what’s better held as confidential information. For anything registered, we focus on clarity, scope and enforceability not just appearance, so your protection holds up if it’s ever tested.
Assign IP to the right owner
Many founders mistakenly hold IP in their personal name or forget to assign it to the company entirely. That can create disputes in exits, investment rounds or licensing. We help you identify gaps in ownership, clean up assignment pathways, and ensure all rights are properly documented and aligned with your corporate structure
File before you publish
Design and patent rights can be lost as soon as an idea is made public. That includes investor decks, product demos, landing pages and marketing launches. We review your launch timelines and help you file first, so your rights aren’t voided by early visibility.
Make sure your business owns what you paid for
Paying a designer, developer or contractor doesn’t automatically mean you own their work. Unless the agreement includes a proper IP assignment clause, they may retain the copyright or design rights. We review and fix your contracts to ensure the brand, assets and materials used in your business legally belong to you.
What Counts as Intellectual Property and when you need an intellectual propery lawyer
IP isn’t a single legal right. It’s a group of protections, some automatic, others formal, and all with different rules. If you’re building something that could be seen, copied, reused or licensed, it’s worth knowing what category it fits into and what can go wrong if you file late, assign it incorrectly, or share it too soon.
| Type of IP | What It Covers | Why It Matters | What Lazarus Legal Does |
|---|---|---|---|
| Trade Marks | Business names, logos, taglines, and product identifiers | A registered trade mark gives you exclusive rights to use, defend, license, or sell your brand in Australia. Without it, even a well-known name can be copied or challenged. | We prepare and lodge your application with IP Australia, including selecting the correct Nice classes, filing under the right legal entity, and managing any objections or examiner queries. We also prepare assignment deeds if ownership needs to be transferred between individuals and entities. |
| Copyright | Written content, source code, videos, images, designs, training materials | Copyright arises automatically but only the creator owns it unless it’s been formally assigned. Without written agreements, you may not legally control your own assets. | We review the authorship of your creative assets, prepare copyright assignment clauses for contractor or freelancer agreements, and amend any missing terms in employment contracts. We also provide enforcement support (e.g. cease and desist letters or takedown notices). |
| Registered Designs | The visual appearance of a product; its shape, configuration, pattern, or ornamentation | Registered designs protect what your product looks like not how it works. Once the design is published, you may no longer be eligible to file. | We prepare and file your design application with IP Australia before any public use. We assist with drafting representations (line drawings or visual references), manage communications with IP Australia, and help track competitors for potential infringement. |
| Confidential Information | Business methods, pricing, strategy documents, supplier lists, client data | Confidential information can’t be registered, it can only be protected by contract and process. Once shared without control, the legal protection weakens. | We draft confidentiality clauses and NDAs, amend your investor materials to ensure non-disclosure is enforceable, and advise on internal data-handling procedures (e.g. marking sensitive materials, access controls, and breach response strategy). |
You’re Not the First to Trust Us With Your IP
2,300+ IP matters advised on
300+ contractor and employee agreements fixed for IP gaps
92% of trade mark applications accepted first time
14 industries across 3 continents
- Ready when you are
Start the IP conversation before someone else does.
What an Intellectual Property Lawyer Won’t Tell You at the Start.
What does an intellectual property lawyer actually do?
An intellectual property (IP) lawyer helps protect the things you’ve created and ensures you own them legally. This includes registering trade marks, drafting IP clauses in contracts, advising on copyright rights, and handling disputes over ownership or infringement.
For example, if you’ve developed a brand, product, or software and want to prevent competitors from copying it, an IP lawyer can help you register and enforce your rights. They also help structure IP ownership across founders or companies, especially important when raising capital or selling a business.
In Australia, IP protection is governed by specific legislation, including the Trade Marks Act 1995, Copyright Act 1968, and the Patents Act 1990. Legal advice can determine which one applies and how to protect your position.
When should I hire an intellectual property lawyer?
Early. The most common IP mistakes happen at the start when rights are unclear, unregistered, or assigned to the wrong person. You should speak to an IP lawyer before launching a product, signing a contractor, or naming your brand.
For instance, if a designer creates your logo without a clear IP assignment clause, they may legally own it. Similarly, if you reveal your invention before filing a patent application, you could lose the right to register it.
An IP lawyer ensures you’re not just protected now, but that your position is legally enforceable as you grow. Filing late, skipping contracts, or using public platforms without proper rights can all leave you exposed.
What happens if I don’t register my intellectual property in Australia?
If you don’t register your IP, you may still own it but proving that in court is harder, riskier, and often more expensive.
In Australia, copyright is automatic once a work is created (e.g. a book, photo, code), but trade marks, patents, and design rights require registration. If you skip that step, someone else can apply first and you may have to fight to reclaim what you built.
IP Australia’s trade mark search shows many cases of businesses forced to rebrand after failing to register. Legal protection isn’t just about fairness it’s about enforceability. Registration makes your rights visible, official, and defensible.
Can an intellectual property lawyer help with ownership between founders?
Yes and it’s one of the most important (and overlooked) roles of an IP lawyer. Many startup disputes come down to who owns what, especially when ideas, code or brand assets were created before formal agreements.
An IP lawyer can draft or review founder agreements, share terms, and IP assignment clauses to ensure the business owns what it needs to. This is especially crucial when:
One founder contributed an idea before incorporation
A contractor developed part of the product or code
Founders split or one exits the company
Clarifying IP ownership upfront can prevent costly disputes later, especially before investment or acquisition.
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