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ARTICLE · 23 DECEMBER 2024

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Intellectual property in commercial contract templates

Holding Redlich
Holding Redlich
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Key considerations when reviewing your organisation's IP clause.

AustraliaIntellectual Property
Jean Lukin
Jean Lukin
Andrew Hynd
Andrew Hynd
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As we approach the end of the calendar year and the (traditionally) quieter period, agencies might be considering conducting reviews of their template commercial contracts.

Intellectual property is regularly an issue for negotiation in commercial contracts, and template IP positions should be assessed as part of any commercial contract template review. Having a solid template IP clause can help to reduce negotiation time, and the occurrence of disputes or issues down the track.

In that context, set out below are some key considerations when reviewing your organisation's IP clause.

Pre-existing material

Often, parties to an agreement do not intend for all material provided, used or created during the course of an engagement to be dealt with in the same way under the contract. Material that pre-exists the engagement (for example, the agency's briefing documents, or a contractor's trade mark) is often intended to remain the IP of the providing party. Typically,

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This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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