Intellectual Property Lawyer
Our intellectual property lawyer Sydney team works with businesses to register and protect IPs, manage commercialisation and licensing, and navigate disputes over ownership and rights.
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500+ Trade Marks Registered
800+ Cease and Desist Defended
300+ Infringement Issues Resolved
40+ Years Combined Legal Experience
What Is An Intellectual Property Lawyer, And When Do You Need One in Sydney?
An intellectual property lawyer protects the full range of intangible assets your business depends on: inventions, creative works, confidential processes, product designs, and your brand. Beyond trade mark registration, they advise on patents, copyright, trade secrets, and licensing structures, and represent you in the Federal Court when disputes escalate.
For Sydney businesses building long-term commercial value, our intellectual property lawyer team can assist with the following scenarios:
You have an invention or software you want to patent before going to market
A competitor is copying your product design or creative work
You need a licensing agreement that correctly assigns rights
Your IP portfolio needs to be audited prior to an acquisition or investment round
You need clearly defined IP ownership prior to entering a new agreement
A key employee is departing and you need confidentiality and IP assignment protections
You are expanding overseas and need IP protection across multiple jurisdictions
You want a full IP audit to identify unprotected assets and gaps
Why Choose Our Intellectual Property Lawyer Sydney Team
Lazarus Legal’s IP lawyers do more than file applications; they understand how your intellectual assets connect to your broader commercial position and protect them accordingly.
- End-to-End IP Protection. Our team handles the complete IP lifecycle: trade mark search reports, class strategy, IP Australia applications, opposition proceedings, patent protection, design registration, copyright advice, licensing agreements, and Federal Court litigation when enforcement becomes necessary. You will not need to brief a separate firm as your IP needs grow.
- 40 Years of Commercial Law Expertise. When we assess your trade mark or patent position, we are also considering the downstream implications: ownership structures, asset protection, business sale readiness, and how your IP interacts with your contracts, corporate structure, and risk profile. That commercial context is what separates a registration service from genuine IP counsel.
- Fixed Fees, Quoted Upfront. We provide clear, fixed-fee pricing for IP matters wherever possible, including trade mark searches, applications, and standard licensing agreements. You will know what you are paying before work begins, with no unexpected hourly billing.
What Intellectual Properties Does Our Sydney IP Legal Team Handle?
Lazarus Legal advises on the full spectrum of intellectual property recognised under Australian law, from registered rights you actively secure to unregistered assets that require contractual protection.
| Type of IP | What It Covers | Why It Matters | What Lazarus Legal Does |
|---|---|---|---|
| Trade Marks | Business names, logos, taglines, product identifiers, and in some cases colours, sounds, and scents | Registration gives you exclusive rights to use, license, and enforce your brand in Australia. Without it, a well-established name can still be copied or challenged by a later registrant. | We manage the full application process with IP Australia, including trade mark searching, Nice class selection, filing under the correct legal entity, and responding to examination reports or opposition proceedings. We also prepare assignment deeds when ownership needs to transfer between individuals or entities. |
| Patents | New inventions, innovations, and novel processes across technology, engineering, manufacturing, pharmaceuticals, and software (where a technical effect can be demonstrated) | A granted patent gives you up to 20 years of exclusive commercial rights over your invention. Filing must occur before any public disclosure, including pitches, publications, or product launches. | We advise on patentability, coordinate provisional and complete application filings with IP Australia, and manage PCT applications for international protection. We also review third-party patents that may affect your product development or market entry. |
| Copyright | Written content, source code, websites, videos, images, product designs, training materials, and marketing collateral | Copyright arises automatically in Australia but ownership vests in the creator by default. Without written assignments, businesses frequently discover they do not legally own assets they paid to produce. | We review authorship across your creative assets, draft copyright assignment clauses for contractor and freelancer agreements, and audit employment contracts for missing IP ownership terms. We also issue cease and desist letters and prepare takedown notices where infringement has occurred. |
| Registered Designs | The visual appearance of a product, including its shape, configuration, pattern, or ornamentation | Registered designs protect how your product looks, not how it works. Eligibility to file lapses once the design has been publicly disclosed, so timing is critical. | We prepare and file design applications with IP Australia before any public use, assist with drafting visual representations, manage examiner communications, and advise on monitoring competitors for potential design infringement. |
| Confidential Information and Trade Secrets | Business methods, pricing models, strategy documents, supplier relationships, client databases, and proprietary processes | Confidential information cannot be registered. Protection depends entirely on having the right contracts and internal controls in place before disclosure occurs. | We draft NDAs and confidentiality clauses for employees, contractors, and investors, advise on data-handling procedures, and provide breach response strategy when confidential information has been misused or taken by a departing employee setting up a competing business. |
Meet Your Sydney IP Lawyer Team
CEO, Notary Public
With four decades of commercial legal practice, Barry advises businesses on trade mark protection, IP-linked business structures, branding strategy, and the IP dimensions of mergers, acquisitions, and franchising arrangements.
Director, Principal Solicitor
Mark brings experience across commercial disputes, in-house legal leadership, and founder advisory work, with a focus on IP enforcement, licensing arrangements, and protecting the intellectual assets of growing businesses.
Associate Lawyer
Chen’s background spans legal practice, venture capital, and business operations, giving her a commercially grounded perspective on IP strategy, portfolio development, and the IP considerations that matter most to startups and growth-stage businesses.
What Businesses Say About Lazarus Legal
David Elliott
“We’ve worked with Lazarus Legal on several matters and couldn’t be happier with the professionalism, clarity, and strategic support they’ve provided throughout. Most notably, they guided us through a complex trademark application, offering expert insight and genuine commitment to getting the outcome we needed. Their team is responsive, thoughtful, and easy to work with which is a rare combination in the legal world. Highly recommend if you’re looking for smart legal minds with a real understanding of commercial challenges.”
Matt Lazarus
“The team at Lazarus legal are number one for anything to do with franchising, intellectual property or fast moving consumer goods licensing deals. They have helped me on several occasions with my different businesses. And their advice and assistance was priceless. Thanks, team.”
- The best time to protect your IP was yesterday
Talk To Our IP Lawyer Team Today
- (02) 8644 6000
- info@lazaruslegal.com.au
- 1/422 Oxford St, Bondi Junction NSW 2022
- 5/133 Wakefield Street Adelaide SA 5000
- 1/14 Fremantle Street Burleigh Heads QLD 4220
Our Intellectual Property Lawyer Sydney Team Answers Your Questions
Is it better to get a trade mark, a copyright, or a patent?
The right protection depends on what you are protecting. In most cases, the question is not which is better but which applies to your asset.
- A trade mark protects your brand: names, logos, and taglines. Registration under the Trade Marks Act 1995 (Cth) gives you exclusive rights for 10 years, renewable indefinitely.
- Copyright protects original creative works: content, code, images, and designs. Under the Copyright Act 1968 (Cth), it arises automatically on creation with no registration required. The issue is not obtaining it but ensuring your business actually owns it.
- A patent protects new inventions and processes, granting up to 20 years of exclusive commercial rights under the Patents Act 1990 (Cth). Filing must occur before any public disclosure.
Many businesses need more than one. A tech startup may need a patent for its technology, a trade mark for its brand, and copyright assignments to confirm it owns the code its developers produced.
How much do intellectual property lawyers charge in Sydney?
IP legal fees vary depending on the type of matter and its complexity. As a general guide, trade mark application services at Sydney firms typically start from around $1,500 to $2,500 plus government filing fees, which are charged separately by IP Australia.
At Lazarus Legal, we offer fixed fees for clearly scoped IP matters, including IP assignment deeds and IP licence agreements, with fees ranging from $1,500 to $2,500. For more complex work such as copyright strategy, patent protection, or IP due diligence for an acquisition, costs depend on the scope and complexity of the matter and are quoted after an initial consultation.
What do I do if someone has registered a domain name or trade mark similar to mine?
Your options depend on whether you have an existing registered trade mark and the degree of similarity involved.
For trade mark conflicts, if a third party has filed or registered a mark that is identical or deceptively similar to yours, you may be able to challenge the application or apply for cancellation of the registration through IP Australia. Time limits apply: you generally have two months from the date of advertisement to file an opposition.
For domain name disputes involving .au domains, auDA administers a dispute resolution process through the .au Dispute Resolution Policy (auDRP). For .com domains, the Uniform Domain Name Dispute Resolution Policy (UDRP) applies. Both processes allow you to challenge registrations made in bad faith where you have a legitimate interest in the name.
Acting quickly is important in both scenarios. Speak to an IP or trade mark lawyer before deadlines pass.
Can I trade mark or copyright content created using AI tools?
This is an evolving area of Australian law with no definitive legislative answer as of 2026.
On copyright, the Copyright Act 1968 (Cth) requires that a work have a human author to attract protection. Content generated entirely by an AI tool, with no meaningful human creative input, is unlikely to be protected by copyright in Australia. IP Australia and the Australian Government have been consulting on AI and IP reform, but no legislative changes have been enacted to date.
On trade marks, the position is more practical: what matters is that the mark itself is distinctive and used in trade, regardless of how it was created. An AI-generated logo or name can be registered as a trade mark provided it meets the requirements under the Trade Marks Act 1995 (Cth).
The key risk for businesses using AI-generated content is assuming they own it outright. Always review the terms of the AI platform you are using, as some platforms assert rights over outputs or restrict commercial use.
Does my business automatically own IP created by contractors or freelancers we pay?
Not automatically, and this is one of the most common IP mistakes made by Australian businesses.
Under the Copyright Act 1968 (Cth), copyright in work created by an independent contractor vests in the contractor by default, not the business that commissioned and paid for it. This applies to websites, software, marketing materials, product designs, and any other creative work produced under a services arrangement.
To transfer ownership to your business, you need a written copyright assignment signed by the contractor. A services agreement that is silent on IP ownership, or that only includes a licence rather than an assignment, may leave your business without full ownership of assets it paid to create.
The position is different for employees: under section 35(6) of the Copyright Act 1968 (Cth), IP created by an employee in the course of their employment generally belongs to the employer, subject to any contrary agreement.
If you are engaging contractors or freelancers, have your IP assignment terms reviewed before work commences, not after.
Principal Solicitor, Director, Lazarus Legal
Before working at Lazarus Legal, Mark served as Legal Director at Monster Energy, overseeing commercial contracts and brand protection across the EMEA region. That in-house experience informs how he advises Australian founders today: practically, commercially, and with a clear understanding of what is actually at stake when IP is mishandled.
Page Published: 26 June 2025 | Updated: 07 May 2026