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ARTICLE · 02 DECEMBER 2025

Buying A Business With Software At Its Core: Key Issues In Australia

Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
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Herbert Smith Freehills Kramer LLP

Herbert Smith Freehills Kramer LLP

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In this article we do a deep dive on key legal issues when buying a software business in Australia.

AustraliaIntellectual Property
Katherine Gregor
Katherine Gregor
Raji Azzam
Raji Azzam
Julian Lincoln
Julian Lincoln
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In this article we do a deep dive on key legal issues when buying a software business in Australia. Whether the business offers 'traditional' (on-premise) software, software as a service (SaaS, or other as-a-service models) or an app to the market, there are a number of things to make sure you do your homework on (in addition to the usual things to diligence in an acquisition). This is against a dynamic backdrop of increasing and evolving tech-regulation, masses of data, ever-present (and sophisticated) cyber threats and fast paced technological development.

1 Intellectual property - do you own it (or have a right to use it)?

Intellectual property (IP), and understanding and confirming that the target clearly owns or has sufficient rights to use all IP needed for its business, is fundamental to the value, competitive advantage and operation of any software business. This includes copyright, trade marks and patents. This article focuses on copyright, particularly

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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