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ARTICLE · 24 JULY 2021

4 practical tips for common intellectual property issues

This article provides four practical tips on how to ensure that you avoid these intellectual property mistakes.

AustraliaIntellectual Property

We look at several of the key mistakes that arise again and again in relation to intellectual property rights. Here are some practical tips on how to ensure that you don't fall in to these traps.

1. Not structuring correctly

Issue: All too often we see entrepreneurs with excellent ideas, quality brands and great systems fall at the first hurdle. Tax debts or litigation from a third party can quickly end a fledgling business.

Solution: Begin with the end in mind, by structuring correctly.

Intellectual property can be protected from trading risks, counter party risks and other general risks by way of appropriate structuring.

The classic example of correct structuring is the typical use of intellectual property holding trusts or companies to hold all of the brand, goodwill and copyright material forming the business system that is the fundamental asset of a franchise business. That intellectual property is then licensed to the various master franchise

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