Commercial and Intellectual Property (IP) Law

We work for a wide range of SMEs, government bodies and individuals including:

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• Health professionals, doctors, dentists, veterinarians, pharmacists and other allied health professionals

• Engineering, manufacturing and mining services

• Hospitality industry

• Not-for-profit enterprises including the housing sector, schools and religious institutions

• “In-bound” foreign businesses and investors in NSW

• Local government and related enterprises

• Acting for “in-bound” foreign businesses and investors in NSW and as an agent for foreign and interstate lawyers or accountants

 

Through our highly experienced team headed by Micah Jenkins – who is an NSW Law Society Accredited Specialist in Business Law – we offer practical legal solutions that have most recently included:

• Joint purchasing arrangements for local councils – contract drafting, tendering and probity advice

• Negotiating state-funded project agreements for a registered community housing provider

• Purchase and redevelopment of a private hospital

• Preparation of export and import supply and distribution agreements for the Hunter’s engineering, mining services and winery sectors

• Review of numerous contracts for the mining services sector including supply, leasing and IP agreements

• Purchase and redevelopment of a major airport facility

• Leasing and subdivision work for retirement village operators

• Acting on a number of health professional practice acquisitions and structuring

• Acting on numerous purchases and leasing of hospitality premises and licensing changes including for hotels, restaurants and Hunter wineries

 

In particular, the services provided by Jenkins Legal and Advisory include:

 

Commercial law

 

• Mergers and acquisitions – purchase and sale of businesses, business assets and shares including arms-length, family succession and management buy-outs

• Not-for-profit mergers and amalgamations

• Establishing and restructuring business structures including partnership, shareholders, unitholders agreements, franchising and other joint venture and affiliation arrangements

• Preparation of constitution (private and not-for-profit), trust deeds and buy-sell insurance deeds

• Business contracts: all types of legal contracts including purchase or sale of business, Put and Call Options, franchise agreements, supply agreements (including for export and import), service agreements, distribution agreements, partnership agreements, commercial contracts

• Finance and security documentation and PPSR advice, registration and searching

• Franchising

• Insolvency advice and representation

• Commercialisation of intellectual property rights including distribution agreements and IP licensing

• Importation and export

• Business succession planning and asset protection structuring

• Discrete tax advice (as opposed to tax planning or accounting advice)

 

Commercial litigation and dispute resolution

 

Our commercial litigation and dispute resolution services involve disputes relating to:

• Debt recovery

• Landlord and tenancy

• Sale of business, share and property transactions

• Joint ventures including partnerships, company and trusts

• Corporate insolvency and bankruptcy

• Intellectual property including confidential information, copyright and patent infringement

• Defamation and injurious falsehood claims

 

We have numerous contacts with the NSW, Newcastle, Brisbane and Melbourne barristers, solicitor-agents, expert witnesses and process servers.​

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Trade marks

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Our team can assist you with the following:

• Prepare and manage new trade mark applications (within Australia and internationally)

• Help with adverse findings issued by IP Australia in relation to new trade mark applications

• Prepare and lodge renewals of our clients’ existing trade marks (within Australia and internationally)

• Manage the trade mark portfolios on behalf of our clients and liaise with IP Australia directly

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Commercialisation of Intellectual Property including

 

• ​Licensing

• Distribution agreements

• R&D collaboration agreements

• Development agreements

• Business sale agreements

• Employment agreements

• Outsourcing agreements

• Confidentiality / non-disclosure agreements

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