Intellectual property and media

Intellectual property

Our dedicated government intellectual property (IP) experts respond to the Commonwealth's most complex IP issues every day.

This is a highly specialised area of law. In the Commonwealth context, it requires government-specific knowledge and experience. We are the only IP practice in Australia to work only for the Commonwealth.

We deal with Commonwealth IP issues across the IP regimes on a regular basis, including in the implementation of complex, high-profile and sensitive government initiatives. We are expert in managing IP risk within the Commonwealth. Our engagement across numerous agencies means we intuitively understand the policies and frameworks unique to government. We are authoritative advisers on Commonwealth IP legislation.

We will provide you with strategic and commercial advice on complex issues arising in IP protection, management, licensing, commercialisation and enforcement. We work on IP agreements, policies and guidelines, and conduct IP risk assessments, reviews, audits and due diligence. We act for government in contentious IP litigation work, including before IP tribunals and courts.

The robust legal solutions we achieve will always accord with government policy.

Expert in interpreting IP legislation as it applies to government, we also act for agencies in IP policy development and reform work. We have long-standing relationships with key departments and agencies that administer the various IP legislation. We can always resource your matter – regardless of its scale or complexity – with people who have extensive daily experience with government IP.

Our unrivalled precedent resources mean we can deliver our legal solutions in a timely, efficient and cost-effective manner. Our whole-of-government perspective across multiple agencies means we often see the same IP issues emerge in different contexts. Our clients benefit from that unrivalled corporate knowledge in all IP issues specific to the Commonwealth.

We have a deep understanding of our clients and their drivers. We are culturally aligned to our clients so our legal and strategic advice will always be informed by the unique context specific to government.

AGS can advise you on all forms of IP created, licensed, procured, funded, managed, commercialised or used by your agency, including in the following areas:

• strategic management of IP, including in contracts, procurement and funding projects, licensing and commercialisation arrangements, open access and open source licensing
• Crown ownership and use under the copyright, patents and designs legislation
• branding protection strategies, including trade mark registration, oppositions, portfolio management, domain name registration and dispute resolution, geographical indications, media and communications issues
• IP management, including development of IP policies and guidelines, undertaking IP reviews and audits, developing IP registers, IP infringement and dispute resolution
• IP statutory interpretation and reform issues, relating to copyright, moral rights, performers' protection, trade marks, patents, circuit layouts and plant breeder's rights
• technology-related legal issues, including domain names, e-commerce and online contracts, social media, app terms and conditions, cloud computing, electronic authentication, data analytics, blockchain and emerging technologies.

Media

AGS has expertise in all aspects of media regulation across the Commonwealth. We authoritatively and regularly interpret sections of the Broadcasting Services Act 1992, the Telecommunications Act 1997 and the Radiocommunications Act 1992. We understand the complex interactions between these Acts and other legislation. Our whole-of-government perspective brings a broader and strategic perspective to our regulatory advice.

In helping clients to navigate this broad regulatory regime, AGS can draw upon its constitutional law expertise – particularly in issues of implied freedom of political communication – and government-specific administrative law skills. Our practitioners have senior in-house experience at key communications agencies.

We have litigated extensively on behalf of media regulatory authorities in the Administrative Appeals Tribunal (AAT), Federal and High Courts, in foundational and critical cases, and have an excellent working relationship with the Australian Communications and Media Authority (ACMA). We understand the procedural and political nuances of media regulation in Australia and have a proud history of providing robust and unconflicted advice to government.

AGS can assist your agency in developing, maintaining and protecting your public communications across all online platforms. We are experts at assessing and managing risk around your social media presence and can advise on privacy, copyright and intellectual property (IP) protection. We understand the critical importance of reputational risk and the tolerances of that risk unique to government.

Our contextual understanding of government enables us to negotiate key contracts for the development and distribution of online services. We have experience in working with your in-house legal and marketing teams to ensure your online and communications presence is fit for purpose and robustly accountable to all relevant government frameworks.