Founders
Build a clear ownership record before investment, product launch or expansion.
Secondary practice area
Australian IP and SaaS Law for Startups Going Global
Establish ownership, structure SaaS and software contracts, commercialise IP, prepare for transactions and coordinate international steps as your business grows.
What an engagement looks like
Strategy Planning Session
60 minutes
$750 plus GST
($825 incl. GST)
Document store items
Selected standard documents at their listed prices.
Scoped drafting
Fixed quote after a defined scope.
Specialist work
Referral and coordination with registered patent attorneys and foreign counsel where required.
Australian legal advice, with registered patent attorney and foreign-law coordination where required.
Positioning
Commercial IP and technology counsel for Australian founders
Hamilton Bailey helps founders and technology businesses establish ownership, commercialise intellectual property, structure technology agreements and prepare for due diligence. Health-tech and medtech are a natural bridge from the firm's medical-law work.
SaaS and software businesses
Align customer, enterprise, licence and support arrangements with the product.
Health-tech and medtech
Consider technology, data and commercial relationships alongside healthcare operations.
Founder questions
Questions worth resolving before the next commercial step
- Does the company own code, content, designs, data assets and brand material created before and after incorporation?
- Do employment and contractor arrangements establish a defensible chain of title?
- Are SaaS customer terms aligned with the product, data flows, service levels and liability model?
- Can the business pass investor or acquirer IP due diligence?
- Is the trade mark and licensing strategy aligned with the countries where the business intends to operate?
How we can help
Legal work that supports the next commercial decision
Ownership and chain of title
Establish a clear record of what the company owns and who can use it.
- Founder assignments
- Employee and contractor ownership provisions
- Confidentiality and trade-secret controls
- Pre-incorporation and group-company ownership clean-up
SaaS and software agreements
Align customer-facing terms with the product, data flows and commercial model.
- SaaS subscription and customer terms
- Enterprise agreements, master services agreements and statements of work
- End-user and software licence agreements
- Service levels, acceptable use, support, suspension and exit
Commercialisation and partnerships
Give the business workable paths to licence, distribute and collaborate around its technology.
- IP licensing
- Reseller, distribution, white-label and channel arrangements
- Development, integration and collaboration agreements
Brand and registered rights strategy
Support commercially useful brand decisions and coordinate registered-rights work where required.
- Australian trade mark strategy and portfolio alignment
- Registered design and patent-attorney coordination where appropriate
- Ownership and commercial use of brand assets
Due diligence and transactions
Prepare ownership and contract records for an investment, sale or acquisition review.
- IP and material-contract reviews
- Ownership schedules and disclosure preparation
- Licence, change-of-control, assignment and termination-risk review
International expansion and coordination
Prepare the Australian legal foundation and coordinate the right specialist or foreign-law input for new markets.
- Australian ownership and trade mark foundations
- Cross-border SaaS and licensing coordination with foreign counsel where local-law advice is required
- Registered patent attorney and foreign-law coordination where required
Trust signals
A practical and clearly bounded engagement pathway
Australian commercial focus
Advice starts with the Australian ownership, contracting and commercial questions in front of the business.
Document-to-advice pathway
Selected standard documents are available through the store, with tailored advice where the product or risk requires it.
Clear coordination boundaries
Patent and foreign-law work is coordinated with the registered or qualified practitioner required for that scope.
International coordination
Australian foundations for global expansion
Build Australian ownership and trade mark foundations before expansion, then coordinate the appropriate commercial and specialist work for the markets you enter.
- Australian ownership and trade mark foundations before overseas expansion.
- Madrid System designations for selected markets where appropriate, with current process confirmation.
- PCT and patent steps through a registered patent attorney where patent protection is relevant.
- Appropriately qualified foreign counsel where local-law advice is required.
- Cross-border SaaS and licensing coordination with appropriately qualified foreign counsel where local-law advice is required.
Health-tech and medtech
Where technology, healthcare and commercial law meet
Health-tech and medtech businesses often need coordinated consideration of technology ownership, health information, commercial relationships and procurement as the business develops.
- Software and data ownership
- Health information, privacy and data-sharing arrangements
- Clinical, practitioner, research, supplier and platform relationships
- Product claims and regulated-market boundaries
- Technology licensing and enterprise procurement
- Due diligence where healthcare operations and IP assets intersect
Engagement process
A practical sequence for the work in front of you
- 01
Scope the product, business model, markets, people and existing documents.
- 02
Map ownership, contract, privacy, brand and specialist-advice gaps.
- 03
Prioritise immediate protection and commercial contracting work.
- 04
Coordinate Australian work and the registered patent attorney or foreign-counsel input required for overseas steps.
Document pathways
Start with a suitable document or tailored advice
A store document may need advice and adaptation for the product, data flows, bargaining position and target markets. The availability label confirms a document-store pathway, not suitability for every matter.
Ownership and governance
For documented ownership transfers and founder governance, subject to the needs of the business.
Licensing and product access
For standard licensing paths where the product and commercial model fit the document.
Confidentiality and people
For early commercial discussions and employment or contractor relationships.
Confidentiality AgreementAvailable in document storeConfidential information and early commercial discussions.Employment ContractAvailable in document storeEmployment relationship and ownership provisions, subject to review.Independent Contractor AgreementAvailable in document storeContractor engagement and ownership provisions, subject to review.
Website and service arrangements
For standard website use and general services arrangements, not a complete SaaS suite.
Tailored legal work
- Founder-specific IP assignment packages and confirmatory assignments
- SaaS subscription agreements, product terms, master services agreements and statements of work
- Privacy, data-processing, cross-border transfer, acceptable-use, service-level and support documents
- Open-source licence-risk reviews and reseller, distributor, white-label or channel arrangements
- Australian trade mark portfolio strategy and coordination of international filing steps
Referral and coordination boundary
Patent drafting, patent prosecution, PCT filings, foreign-law opinions and local foreign filing advice are referral or coordination work unless the responsible registered or foreign practitioner is identified and the engagement scope supports it.
Frequently asked questions
Questions founders commonly ask
When should a startup transfer intellectual property to the company?
The right timing depends on how the business was formed, who created the relevant material and the intended transaction. Founders commonly review ownership when incorporating, taking investment, engaging developers or preparing for a sale so the company can document the rights it needs.
Does paying a contractor mean the company owns the code or designs?
Not necessarily. Payment and delivery arrangements do not always establish the ownership position required for a particular asset or jurisdiction. The contract, the work created and the relevant parties should be reviewed before relying on an ownership outcome.
What should an Australian SaaS agreement cover?
The appropriate agreement depends on the product and customer base. It commonly addresses the service scope, licence, data handling, support, service levels, acceptable use, liability, suspension, termination and any enterprise procurement requirements.
Is a website terms document the same as a SaaS agreement?
No. Website terms usually govern use of a website. A SaaS agreement may need to address the software service, subscription, data flows, support, security, service levels and commercial allocation of risk in much greater detail.
When should a startup apply for a trade mark?
Trade mark timing depends on the brand, ownership structure, markets and planned use. It is prudent to consider the strategy before significant launch expenditure or overseas expansion, with current searches and filing steps confirmed for the relevant jurisdictions.
Can Hamilton Bailey assist with overseas trade marks and patents?
Hamilton Bailey can provide Australian commercial legal advice and help coordinate appropriate steps. Patent drafting, patent prosecution, PCT filings, foreign-law opinions and local foreign filing advice require a registered patent attorney or appropriately qualified foreign practitioner where required.
What will investors check during IP due diligence?
The scope varies, but investors commonly examine ownership records, founder, employee and contractor arrangements, licences, open-source use, trade marks, material contracts and disclosures affecting transfer, control or termination rights.
What is different about legal work for a health-tech or medtech startup?
Health-tech and medtech businesses can face overlapping questions about software and data ownership, health information, commercial relationships, product claims, procurement and regulated-market boundaries. The right legal work depends on the product, data, parties and jurisdictions involved.
Establish ownership, reduce contract uncertainty and prepare for growth
Discuss the Australian commercial legal work your business needs, together with the specialist or foreign-law coordination required for the next stage.
General information only. Advice depends on the facts and applicable jurisdiction. Information current as at 17 July 2026.