The above categories of IP can be transferred to a 3rd party and are often included as part of a sale of business. However any sale of IP may have taxation implications (including Capital Gains Tax and/or stamp duty) when goodwill is included with the sale and we strongly recommend that appropriate professional advice be sought when dealing with the transfer of IP.

A separate type of IP is covered by the term Confidential Information which protects information not in the public domain and sometimes includes know-how.

When a business contracts with an outside service provider to provide goods and/or services, the business will often require the service provider to sign a Confidentiality agreement protecting the proprietary information of the business as an essential condition of the contract.

An employer will generally include a confidentiality clause in an employment agreement, especially when engaging executives and senior management. On termination of employment/engagement, a formal Release document may also include an undertaking whereby the executive/employee is to refrain from disclosing certain Confidential Information.

- Confidentiality Agreements (Intellectual Property)

A Confidentiality Agreement (NDA) should be used in any situation where you are disclosing information that must remain confidential. For example, when approaching a potential partner with your new business idea you should use a confidentiality agreement to avoid jeopardising your concept.

To protect your confidential information, trade secrets and expertise from misuse, it is prudent to have a signed confidentiality agreement with every person (such as employees and contractors) to whom such information will be disclosed. Parties to the agreement may be companies or individuals or a combination of both.

Confidentiality Agreements are also commonly known as: Confidentiality agreement, Confidentiality policy, Confidentiality contract, Confidentiality document, Confidentiality clause, Confidentiality letters, Non Disclosure Agreement, form for Confidentiality, confidentiality documents, Confidentiality forms, Confidentiality contract.

- Copyright Documents (Intellectual Property)

As the Intellectual Property surrounding the Copyright of original work can be highly valuable, not owning the rights attached to a copyright can reduce the value of a company or business.

To demonstrate the usefulness of a Deed of Copyright Assignment, let's take the example of artwork created for a company or businesses sales material. Unless the person who creates the artwork is your employee (in which case the governing Copyright Act 1968 gives you, the employer, ownership), you will need a Deed of Copyright Assignment to transfer ownership of the copyright from the creator to yourself. This means that if you engaged a graphic design company to create your artwork the designer automatically owns the copyright in your new artwork. To transfer the copyright to you, you will need a Deed of Copyright Assignment executed by the designer to ensure that you now own the Copyright surrounding that work. Once you get the copyright, you have the right to do, or to authorise another person to do, certain acts in relation to that work.

- Trade Mark Documents (Intellectual Property)

A trade mark is a sign used in business to distinguish the goods or services of a particular trader or service provider from those of another. A trade mark can be a word, phrase, letter, number, sound, smell, shape, logo, picture, aspect of packaging or a combination of these.

A registered trade mark gives you the legal right to use, license or sell it within Australia for the goods and services for which it is registered. Any assignment must be formally recorded on the Trade Mark Register.

There should always be a written licence if you allow any other person to use your registered mark. A failure to have a formal licence agreement with appropriate quality and financial control over the activities of the licensee could lead to the loss of registration.

- Patent Documents (Intellectual Property)

A patent is a right granted for any device, substance, method or process which is new, inventive and useful. The right permits an inventor to exclude others from making, using, or selling the invention for up to 20 years for a standard patent or 8 years for an innovation patent.

Patents give effective protection if you have invented new technology that will lead to a product, composition or process with significant long-term commercial gain. In return, patent applicants must share their know-how by providing a full description of how their invention works.

- Design Documents (Intellectual Property)

- Deeds of Novation (Intellectual Property)

The effect of a Deed of Novation (IP) is to discharge a previous contract or agreement (concerning Intellectual Property) and enter into a new agreement on the same terms but with one or more of the parties being different. It involves the release of one or more parties from the earlier agreement and their substitution by new parties who take on the obligations of the released parties and also their rights. It assigns rights and obligations unlike a Deed of Assignment of Debt which only transfers rights.