Intellectual Property, Data Breach and Privacy
Murfett Legal is experienced in advising and assisting clients on all aspects of intellectual property protection, data collection, data security, data breach and Privacy Law.
What is Intellectual Property?
Intellectual Property (IP) includes intangible business assets such as names, taglines, images, invention and designs that are developed and created to be used in commerce. IP also includes sensitive, confidential information, data and commercial secrets (including a formula, practice, process, design, instrument or pattern not generally known and is an economic advantage over competitors or customers). Confidential information can include pricing policies, costing information and client lists.
INTELLECTUAL PROPERTY, LICENSING & TRADEMARKS
One of the key aspects of a successful business is to secure and protect IP. In some cases, businesses need to take action against a party who has infringed their IP or to defend a claim made against them for IP infringement.
Trademarks and licenses protect valuable income-earning IP for businesses. The team at Murfett Legal is experienced in assisting clients to identify, protect and utilise IP rights, ensure IP protection and manage IP assets.
Our services include:
- Commercialisation of IP
- Copyright law
- Confidentiality Agreements
- Trade secrets
- Brand protection and disputes
- Database rights, protection and security
- Defending infringement claims
- Domain name disputes and litigation
- Employment contracts and policies incorporating IP protection and information management.
- False and misleading advertising
- Freedom to operate
- Infringement, disputes and employee misconduct including loss of IP, commercial data and other valuable information.
- Injunctions
- Internet systems security, accessibility and use including the management of storage devices, USB and external drives, e-mails, mobile phones and other devices.
- IP audits and due diligence
- IP and technology transfer
- IP litigation
- License, supply, distribution and related commercial agreements
- Litigation
- Ownership issues
- Packaging and labelling
- Risk management and mitigation strategies.
- Theft of intellectual property including response, litigation and compensation.
- Trade restrictions
- Trademarks, designs and branding
- Workplace policies, processes and agreements to manage and protect IP.
DATA COLLECTION, MANAGEMENT & PROTECTION
When it comes to the collection, usage, management, storage, safety and disclosure of commercial data and personal information it is important for businesses to assess risk and develop policies to manage and protect the data they hold. Murfett Legal is experienced in assisting clients to develop practical privacy and data collection policies tailored to their business, and advising on cost-effective processes that comply with internal data policies and legislation.
We assist clients to make sense of the laws regulating the collection, management and use of personal information, IP and confidential information including the Commonwealth Privacy Act, the Do Not Call Register Act, the Spam Act, and secrecy provisions in legislation.
Our services include:
- Document and data security, retention and destruction policies.
- Employment and workplace privacy including monitoring and surveillance.
- Online communications, email procedures and “bring your own device” policies.
- Privacy and data management policies, including compliance with usage audits.
- Workplace conduct, communications and social media use policies.
CYBER SECURITY AND INCIDENT RESPONSE
Clients seek our advice for data protection, securing confidential information, intellectual property and trade secrets. We help identify risks and develop strategies to prevent data loss through unauthorised access, disclosure or theft. We also assist clients in the preparation of business continuity, disaster recovery, and cyber security plans and policies to mitigate the impact of breaches and comply with legislation.
Where clients have experienced actual or suspected unauthorised data breaches, we assist with the legal ramifications and collaborate with media relations, forensic specialists and law enforcement authorities where appropriate.
Our services include:
- Data security policies and cyber security incident response plans
- Responding to actual or suspected unauthorised data breaches
- Cybercrime laws and litigation
- Development of data loss policies relating to unauthorised third-party access and theft
- Strategies to mitigate security breaches
- Obtaining court orders
- Litigation related to cyber security, privacy, intellectual property and information breaches
PRIVACY PRINCIPLES & OBLIGATIONS UNDER THE PRIVACY ACT
The Australian Privacy Principles (or APPs) form the foundation of the privacy protection framework in the Privacy Act 1988 (Privacy Act). Thirteen Australian Privacy Principles govern standards, rights and obligations around four main areas:
There are numerous obligations placed on businesses under the Privacy Act in Australia. We advise clients on all aspects of Australian Privacy Act compliance and data breach protection.
The Privacy Act places a strict obligation on businesses with an annual turnover of more than $3million, or operating in certain areas regardless of turnover, to protect the privacy of individuals and to have an open, transparent and secure approach to the handling of any personal information, including the development and adoption of a Privacy Policy.
An additional requirement of the Privacy Act is that entities must notify individuals when a data breach occurs that could result in serious harm to those individuals. When not handled well, these notifications can destroy a business and harm business reputation. We advise clients on how to handle these types of incidents to minimise negative impacts that could result.
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