Jason Sprague
Special Counsel
Jason has over 10 years' experience in commercial, corporate and intellectual property law. Prior to joining Sparke Helmore, Jason was the partner in charge of the Commercial/ Corporate and Intellectual Property divisions at a respected Sydney law firm.
Jason has developed an enviable reputation acting for both Australian and international companies across a diverse range of industries, having advised and successfully transacted deals for clients across Australia and in Canada, France, UK, USA, NZ, Indonesia, Malaysia and Singapore. This coverage has enabled Jason to develop broad expertise in both local and cross border transactions as well as developing professional links internationally.
Combining proven legal skills with a practical commercial approach to transactions and advice, Jason delivers successful outcomes balanced to meet his client's legal and business needs.
Jason's areas of expertise include:
Corporate/ Commercial
- Mergers and acquisitions/ management buyouts
- Due diligence/ corporate governance and compliance
- Capital raising and private equity arrangements
- Corporate and business structuring and succession planning
- Joint ventures, trusts and partnership arrangements
- Trade practices advice and compliance
- Franchising and franchise systems.
- Employee share plans and incentives
Intellectual Property (IP)
- Commercialising IP assets including creation and management of IP asset portfolios, branding strategies and brand protection, licensing, usage and technology sharing arrangements, IP acquisitions and disposals
- Trade mark creation, registration and defence
- Advising on IP rights (both contentious and non-contentious) in the areas of copyright, trademarks and designs and in related areas such as confidential information, privacy, trade secrets and misleading and deceptive conduct issues
- IP issues related to Information Technology, e-commerce and software development
Matters on which Jason has acted include:
Corporate/ Commercial
- Acting for bioMérieux SA (2007), a French company involved in microbiology research and diagnostics and listed on the Paris Stock Exchange, on a $30million takeover of an unlisted Australian company to acquire innovative and complementary products and technology;
- Acting for Enerflex Systems Ltd, a Canadian company listed on the Toronto Stock Exchange, providing infrastructure systems and equipment to the oil and gas industries, on a $35million takeover acquisition of HPS Group Limited in Western Australia;
- The $12million sale of TMS Tailor Made Systems Pty Limited, a developer of software management systems, to Swedish based International Business Systems (IBS), a world leading provider of supply chain management solutions for distribution, demand-driven manufacturing, financials and business intelligence;
- Acting for Hyundai Motor Corporation Australia Pty Limited in redesigning their dealer franchise network including redrafting of master dealer franchise agreements and termination of non-performing franchisees;
- Acting for the Australian subsidiaries of Enerflex Systems Ltd on a $Cdn200million refinance of securities;
- Advising and assisting SAMI Pty Limited in its negotiations with Brisbane City Council, in Queensland, for the construction and installation of bitumen manufacturing facilities at the Port of Brisbane and on production and supply arrangements;
- The acquisition and associated set up of a distribution network for a wholesale photographic supplier in NSW, Qld and Victoria.
Intellectual Property
- Assisting and advising bioMérieux SA (2007), in securing an exclusive world wide licence from LabTech Systems Limited of its patented technology and advising on a $2million dollar equity placement including advice on Corporations Act 2001 and ASX listing rule requirements and processes;
- Advising Transgene SA (2006/7), A French Company involved in gene therapy technologies and listed on the Paris Stock Exchange, in negotiations with an Australian private company for the licensing of patented technology;
- Federal Court litigation on behalf of Industrial Roll Formers Pty Limited (2005) for the successful recovery of patent assets from a former employee and director of the company;
- Advising, assisting and negotiating licensing arrangements between a client company and Vinidex Pty Limited (2005) relating to the manufacture and distribution rights for patented technology owned by the client;
- Advising and assisting a client company (2005 - 7) on the commercialisation of its patented medical technology in conjunction with the Western Sydney Area Health Service including sourcing private equity investors, restructure of the corporate group, negotiating manufacturing and distribution rights both locally and internationally and advising on and facilitating recruitment of key personnel.
Jason was admitted as a Solicitor of the Supreme Court of New South Wales in 1997 and Federal Court and High Court of Australia in 2004.
Jason presents at seminars for both the profession and industry, including presentations to:
- the profession for the College of Law on Franchising and at the NSW State Legal Conference on Business Financing; and
- for organisations such as the Chartered Secretaries of Australia Ltd on topics such as the Spam Act 2003, IP rights and commercialisation, Risk Management in Companies, ASX Corporate Governance Principles and Listing Rules, Anti-Money Laundering, Corporations Act and governance issues.
