Coote’s Legal offers the following specialist services:

1. IP audits, evaluations and governance advice; and
   
2. data privacy reviews, advice and governance

IP audits:

Coote’s Legal realises the importance and potential value of intellectual property. IP can subsist in a variety of materials and may exist in various forms, whether as copyright, patents, registered or unregistered design rights, registered or unregistered trade marks, styles and logos, databases, processes and know-how and even confidential information. The creation of IP maybe the very core of a business or maybe generated by processes, procedures or practices which are ancillary to the core business. IP can also subsist in branding, business and trade names, logos, styles and slogans.

IP is often classified as part of goodwill for business valuation purposes. However, IP assets are assets which are potentially capable of depreciation, and therefore can appear on a business’ balance sheet as valuable assets. Prudent governance further necessitates realisation and maximisation of business assets, but a lot of businesses do not realise they own any IP, let alone that it may have balance sheet or stakeholder value.

Coote’s Legal has developed a series of consultancy based services that can result in capitalisation of IP assets and courses of action that will be invaluable to businesses. Coote’s Legal also has the expertise to provide businesses with practical advice and recommendations based on priorities and budgets in order to implement the actions which maybe required.

The following audits/reviews can be undertaken by Coote’s Legal, depending on the type of business and industry sector:

1. Primary IP Audit

This service is aimed at businesses who have developed (or who are developing) proprietary IP which is core to the main business function. This service would be applicable to most technology generating companies or companies who rely on proprietary innovation, such as software developers, hardware developers, biotechnology companies or mining companies.

IP identified by the Primary IP Audit is usually one or more of:

1. patentable technologies;
2. copyright (including copyright in databases and compilations);
3. know-how;
4. protectable branding (trade marks, logos, slogans etc.).

The Primary IP Audit may also identify IP for which a Secondary IP Audit and/or Brand Protection Review maybe indicated or advisable, but does not focus specifically on Secondary IP or branding

2. Secondary IP audit

This Audit is particularly suitable for businesses that do not consider IP generation to be their main operational output, and can be invaluable for a wide range of businesses in a variety of industry sectors.

IP identified by the Secondary IP Audit can range from the identification of:

1. copyright in databases and other significant compilations;
2. copyright and/or know-how in manuals and other written materials;
3. copyright and know-how in business processes and procedures;
4. common law trade mark and brand rights.

The Secondary IP Audit may also identify IP for which a Brand Protection Review maybe indicated or advisable, but does not focus specifically on brand protection.

3. Brand Protection Review

Branding is powerful and important to all businesses. Branding generates goodwill, and whilst brands may not always attract independent value to the balance sheet, the true value of a brand is quite often only realised when it is threatened or infringed by a third party.

Brands attract rights at common law, but common law rights can be more difficult (and costly) to enforce. The common law action for passing off can be brought to enforce such rights, but the levels of proof and the likelihood of a similar brand causing confusion in the marketplace can de tricky to establish.

The best way to protect your trade marks, slogans, logos and other brands is by registration. Whether registration is an option for your brands will depend on the words used and the circumstances in which they are used. Coote’s Legal can provide some initial advice as to their registrability, and can then help businesses prioritise a registration program, based on priorities, locations of use and budgets.

IP Audit Process and costs

The IP Audits process is broken down into 4 strategic phases and the costs will vary depending on the nature of your business, the Audit being conducted and the results. We will discuss these issues with you in more detail as appropriate. >back to top

Privacy audit:

The privacy laws led to a change in the way a lot of businesses are now able to use, store and disclose personal information and sensitive information. Falling foul of the federal privacy laws can be costly, but can easily be avoided by the use of effective privacy policies and security measures. Although some businesses (particularly small businesses) may currently be exempt from compliance with the Privacy Act 1988 (Cth) (the “Act”), many may have either chosen to “opt in” or may wrongly assume that the statutory exemptions apply to them. Furthermore, proposed amendments to federal privacy legislation are likely to mean that the Act will apply to a more diverse range of businesses within the near future.

From time to time it is advisable for businesses to stand back and review the types of data they are collecting and their privacy protection measures (if any). Are the data being collected absolutely necessary for the purposes of the business? Are appropriate security measures in place? Have certain functions involving personal data (such as HR, payroll or IT) been outsourced recently – whether within Australia or overseas? Effective privacy governance requires answers to these questions (and others) to be within the law

Coote’s Legal offers a Privacy Audit service which can identify:

1. the extent to which a business may (currently) be exempt from the provisions of the Act;
2. practices and procedures which are not compliant with Act;
3. improvements or changes which need to be made in order to comply.

Coote’s Legal offers practical advice and recommendations based on priorities and budgets in order to implement the actions which maybe required.

Privacy Audit Process and costs

The Privacy Audit process is broken down into 4 strategic phases and the costs will vary depending on the nature of your business, the type of data you are processing and the results. We will discuss these issues with you in more detail as appropriate. >back to top