Commercial Agreements

As well as IP and IT agreements, your business will inevitably need to enter into other commercial agreements at different points in the development of its business and innovation. The most common form of commercial agreements that your business may encounter include the following:

  1. Non-disclosure Agreements – to protect your confidential and proprietary information during business discussions;
  2. Terms of Business – your business’ front line defence in dealing with customer disputes;
  3. Supply Agreements – to lock in the supply of important materials and products for your business;
  4. Distribution Agreements – to govern the sale of products through a sales network; and
  5. Franchising – for licensing rights to operate a franchise and understanding the requirements of the Franchising Code, when it applies and how to apply it.

Non-Disclosure Agreement

If your business or innovation is based on a concept that will become public and easily copied once launched, and you need the help of others to commercialise your concept, then you will need a non-disclosure agreement. This prevents others from disclosing your concept to others and from using and copying your innovation themselves.

For ease of use we have packaged up our standard non-disclosure agreements as a paid download at a price which includes one hour of professional time.

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Terms of Business

These are the standard, pro-forma terms and conditions that all businesses should have. They set out the way in which your business offers its products or services to its customers and seek to deal with the usual issues that cause problems. They are a key tool in your business’s risk minimisation strategy, whether excluding liability you should not or do not wish to bear, or giving you a strong basis on which to collect payment.

They are your business’s first line of attack and defence when anything goes wrong with any of your customer/client relationships.

We have a range of terms of business that may suit your business or which we can modify to suit your business’s needs.

Call us today for this MUST HAVE document.

Supply Agreements

Whatever business you are in you will depend on the supply of certain goods or services from others. When your business’s dependence on a particular supplier becomes crucial to its sustainability and success, it’s time to seriously consider a negotiated supply arrangement.

A Supply Agreement can ensure consistency and preference of supply, lock in a preferential price and even give you access to certain IP should the supplier cease to operate or cease to be able to supply, thus allowing your business to source what it needs from somewhere else using the supplier’s IP.

Call us today to lock in this key business SUSTAINABILITY document today.

Distribution Agreement

Unless you are a national or multi-national corporation with offices or outlets in each important market, getting products and services to where your customers are can be a serious limitation to your business’s growth. Using a distributor can save your business the expense of developing a sales network. Alternatively, you may have an extensive sales network and be looking for new products to push out to your markets and customers.

Either way, a clear and comprehensive distribution agreement is required to deal with the day to day matters such as pricing, forecasts, order quantities, delivery times, lead times and returns, as well as the unexpected issues such as IP infringement claims, solicitation of key employees and sale of competing products.

Call us today to have us draft or review this key business GROWTH document today.

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This is how we've helped others

  • Hanna Myllyoja

    "Marshall IP Group has been assisting SAI Global with its trade mark, IT and other intellectual property agreements for over 4 years now. They have demonstrated a good understanding of our businesses and services and this commercial understanding is applied to the legal advice and assistance they have provided. They have shown expertise beyond their size and (regional) location and an ability to stand their ground against their City counterparts: you get the quality of a city law firm partner but you are not charged the big city law firm rates. They are pro-active, commercially sensible and this has given me, as a busy in-house Corporate Counsel and Company Secretary, peace of mind in relation to SAI Global’s national and international IP Portfolio and other legal needs. "

    Hanna Myllyoja - Group General Counsel & Company Secretary, SAI Global Ltd (ASX:SAI)
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  • Dr Elizabeth Eastland

    "Marshall IP Group has been a supporter of the iAccelerate from its very beginnings. iAccelerate is a state of the art incubator for start-ups and early stage technology businesses located at the University of Wollongong’s Innovation Campus. Marshall IP Group’s CEO, Tim Marshall, has provided thorough, thoughtful and insightful contributions to iAccelerate providing informative seminars, workshops and advice for many of iAccelerate’s companies. Marshall IP Group demonstrates a commitment to the innovation agenda for Australia and the Illawarra region. "

    Dr Elizabeth Eastland - Founder and Former CEO, iAccelerate, Current General Manager, Strategy, Market Vision and Innovation, CSIRO.
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  • Ann Bailey

    "Marshall Legal helped us out with a particularly nasty allegation of IP rights infringement. They quickly got to the nub of the problem and navigated the complex regime of trade marks and copyright law to diffuse the situation. Not only were the allegations withdrawn but we got our costs back. I would recommend Marshall Legal; not only did they get us a great result, they put our minds at ease throughout the proceeding."

    Ann Bailey - The Weight Escape, (Author) and Clinical Psychologist
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  • Craig Osborne

    "I am delighted to recommend Tim Marshall and the team at Marshall IP Group for all aspects of intellectual property and technology law. Marshall IP Group fills an important space in the legal market in regional Australia and Australian capital cities. The businesses that I am heavily involved in, RMB Lawyers and Unison Outsourcing, have both enjoyed excellent advice and customer service from Marshall IP Group in relation to trade marking our businesses and protecting our brand."

    Craig Osborne - Managing Partner, RMB Lawyers and CEO, Unison Outsourcing Pty Ltd
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  • Danny and Sylvia Wilson

    "Nobody likes to have to fight a court case and especially one against an internationally based company, but that was what we found ourselves facing in 2012. We were so lucky we found Tim Marshall of Marshall Legal. We highly recommend his services to anyone who wants a good business lawyer that gives good solid advice on all matters, including Intellectual property matters, trademarks and Patent attorneys who have proved invaluable to our business"

    Danny and Sylvia Wilson - Founders BarkBusters International and Global Dog Pty Ltd
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