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Lightbulb - Dilanchian IP blog

Lightbulb - Dilanchian IP blog
Dilanchian Lawyers and Consultants on intellectual property law, IP commercialisation and business law from an Australian perspective

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"New England Australia" is now a geographic indicator for wine
2008-01-29 23:21:00
New England Australia was registered in January 2008, joining about 60 other Australian wine regions recognised under law by Australia's Geographical Indications Committee. The name is now protected under Australian wine law. The addition of the word Australia distinguishes the name, eg from the New England region in the United States. There are several practical consequences for wine producers of New England. Here's our overview.
More About: Wine , Indicator

Gay and lesbian visa applications for Australia
2008-01-25 02:44:00
Did you know that gay or lesbian partners of Australia n permanent residents or citizens can apply for permanent residence of Australia? The visa to apply for is called an interdependency visa. The visa is similar to the spouse visa (de-facto grounds) applicable to heterosexual couples. If successful an applicant will initially get a temporary two year visa, with full work and travel rights. A person can also obtain a Medicare card. Around two years after lodgement of the application, the Department of Immigration will assess for the grant of a permanent visa.
More About: Applications , Lesbian , Visa , Gay and Lesbian

Special Collection: Business Structuring
2008-01-17 10:33:00
Business structuring or reorganisation today requires classical and contemporary areas of expertise. Classical legal and accounting work is needed to set arrangements for taxation, the rights and shares of owners and the ownership of various types of assets. Contemporary expertise is needed to develop innovative business models, improve workflow management and online business, and leverage with third parties. Without such contemporary exertise it is difficult to operate cheaper, faster and better than competitors. Leveraging with third parties usually requires contracts, eg with intellectual property licensors and collaborations or for outsourcing, inshoring and offshoring. We apply both classical and contemporary expertise in business structuring work for clients. Listed below are articles on such topics. Call for a free-of-charge conversation, call Sydney on 9269 0229. Alternatively send an email.
More About: Business , Special

Facts are critical for success in war and law
2008-01-15 10:00:00
Gerard Chaliand, an international guerrilla warfare expert and friend, describes war as involving a combination of strategy, tactics and instinct. These ingredients are also necessary in legal work, especially for litigation and the resolution of disputes. To develop a strategy or tactics it is best to find the most relevant and reliable facts. Otherwise you may rely purely on instincts. Finding facts takes time, effort, energy and documentation. Facts are events, transactions or circumstances either seen, heard, experienced or documented. They are not opinion, suspicion, hearsay or rhetoric. Here's an efficient way to group facts in disputes and litigation. Prepare a chronology of events. Create a table with three columns and lots of rows. In each row of the first column type the date for each event; if the date is uncertain indicate this. In the second column type a short form description of each event. In the third column, name or refer to the evidence for ...
More About: Success , Critical

Online video grows via P2P
2008-01-14 10:00:00
At a presentation in Australia late last year [1997], Optus' general manager, technology and planning, Peter Ferris, revealed that peer-to-peer traffic, almost exclusively video, soaked up more than 90% of the capacity on Optus' international Internet links during the night time, off-peak, period. Stuart Corner in 'Visual Networking' - the killer app threatened by the skills shortage (http://www.itwire.com/content/view/16020 /1095/) , 9 January issue of iTWire (http://www.itwire.com.au/).
More About: Video , Online Video , Online

Project management rules for IT proposals and contracts
2008-01-04 00:47:00
Software development agreements vary a lot. Long gone are the days of software development agreements with a stable state range of clauses. This conclusion arose after recent IT contract drafting work. It inspired Practical Rap: Drafting IT Contracts With Foresight (ip-tech-e-biz/practical-rap-drafting-it- contracts-with-foresight-14.html) and a spring clean of our firm's 200 odd IT template contracts and related documents. For an Australian contract lawyer template updating is like a gum tree shedding dead bark, hence the accompanying Hans Heysen painting.
More About: Project Management , Management , Project , Rules

Creative Commons licences are useful but oversold
2008-01-02 10:00:00
Creative Commons is a popular movement feeding on a populist anti-copyright molopolists zeitgeist growing in recent decades, particularly among academics, hackers and the digerati. The reception given to Creative Commons has been so positive and widespread that it has obscured the fact that it is the right solution some of the time; it is not all of the solution for all people all of the time. It is useful for solving a range of needs of copyright creators, licensors, and users. It adds to and is supported by traditional copyright law and practices. It does not replace them. This article uses the word traditional to distinguish approaches to copyright licensing which pre-date Creative Commons. This article is a critique in praise of Creative Commons. It is structured around three observations regarding limitations or limiting design features in Creative Commons licences. To maintain focus, examples are only drawn from the Creative Commons Attribution 2.5 Australia ...
More About: Creative , Creative Commons , Mons

In 2008 I'll rejoice if...
2007-12-21 13:20:00
1. People (including our managing partner) realise the iPhone, though sexy, is not a new deity to be worshipped! 2. Old world corporations and organisations finally move out of the dark ages and into the new media reality. 3. Clients stop treating lawyers like the fire brigade – only calling when their house is on fire. 4. Copyright owners show restraint, common sense and a little bit of PR nous when enforcing their rights. 5. 80 odd percent of internet users finally realise there is a better internet browser (http://www.firefox.com/) out there. 6. Complex documents, manuals and contracts prepared by us stop being treated as if written in Sanskrit (ip-tech-e-biz/record-penalties-for-trade -practices-act-non-compl-27.html). 7. The fluoro-fashion comeback dies. 8. Apple Computers and Apple Records “Come Together”, rather than the latter singing “Can't Buy Me Love”. 9. We are hired to advise someone, anyone, in the C7 appeal. 10. I actually have alrea...
More About: 2008

In 2008 I'll groan each time...
2007-12-20 23:16:00
1. A conference organiser uses 2.0 after a one word conference title. 2. Writers spring to their keyboards after every news blip from Google, Microsoft or Facebook. 3. People and governments don't realise how much the world has changed in recent years. 4. Yet more calls are made for legislation to pour out of parliaments (which nobody has the time to read). 5. I have to read a judge's decison which is unnecessarily long and lacking in structure. 6 . I let myself or a client down by failing to do something faster, cheaper, or better. 7. I receive email attachments from a client with next to zero explanations or background. 8. A meeting is requested with neither a clear agenda or any background documents. 8. People tout their virtues and fain disinterest in power, fame or fortune. 9. After I provide detailed advice, a potential client says My gut feeling is a small law firm can't do this job. 10. I receive a business enewslett...
More About: Time , 2008

Cue > Intellectual property, commercialisation and business law enewsletter
2007-12-20 12:16:00
Cue is the Dilanchian enewsletter for clients, collaborators and colleagues. Each month subscribers receive one Cue email. Cue is a selected list of our articles and Lightbulb blog posts on IP and business law. Subscribe to Cue (component/option,com_contact/task,view/c ontact_id,3/) or to our full RSS feed (rd-rss/index.php), or both.
More About: Business , Property , Intellectual , Intellectual Property

Business model defined
2007-12-20 10:40:00
Intellectual property does not make money on its own. It needs a suitable business model. To illustrate that truism, flash back to the 1970s and the ever-fascinating PARC riddle. The riddle is: Why was so much invented and created at PARC, yet so little gained in financial terms by the owner of PARC? The owner of PARC was Xerox. PARC stands for the Palo Alto Research Centre, founded in 1970. In all senses, Palo Alto is in the center of Silicon Valley. At PARC the Xerox photocopier fortune helped establish and feed extraordinary creativity and invention. The PARC team created the core of much of what we consider to be basic IT today.
More About: Business , Model , Defined

Jurisdiction clauses, legal rules and rulers
2007-12-20 00:02:00
AAP reports (http://www.theaustralian.news.com.au/sto ry/0,25197,22948623-2703,00.html) that this week a Magna Carta manuscript was sold at a Sotheby's auction for A$24.8 million to an anonymous telephone bidder. Ross Perot's foundation has owned it since 1984. Previously it was held by the Brudenell family of Northamptonshire, England since the late 14th or early 15th centuries. Apparently 17 Magna Carta manuscripts have survived, with only two held outside Britain.
More About: Legal , Rules

Cue > IP and business law enewsletter, Nov 2007
2007-11-14 08:03:00
Cue is the Dilanchian enewsletter for clients, collaborators and colleagues. Each month subscribers receive one Cue email. Cue is a selected list of our articles and Lightbulb blog posts on IP and business law. Subscribe to Cue (component/option,com_contact/task,view/c ontact_id,3/) or to our full RSS feed (rd-rss/index.php), or both.
More About: Business , Sine

Australian architects behaving badly
2007-11-13 15:20:00
This week I've written articles on two court cases involving copyright, contracts and architects. Both cases involve lengthy disputes over either a unit block or project homes. The project home case is continuing with an appeal due in 2008. It got me thinking. What options are available for Australian architects who seek to professionally document their legal relationships with clients and collaborators?
More About: Architects

"Wow factor" snares copyright breach of architectural plans
2007-11-13 10:00:00
In September 2007 the Federal Court of Australia ruled on the question of copyright in project homes and plans for them. Barrett Property Group Pty Ltd v Metricon Homes Pty Ltd [2007] FCA 1509 (http://www.austlii.edu.au/au/cases/cth/f ederal_ct/2007/1509.html) was an action between two competing project home developers in the market in Victoria. The breach of copyright claim was made by Barrett Property Group Pty Ltd trading as Porter Davis Homes (http://www.porterdavis.com.au/). It claimed Metricon Homes Pty Ltd had copied certain project homes and architectural plans for them, commencing with the Seattle 31 model. The case is a lesson on the nature and extent of evidence required to win a architectural plan copyright case. If you read to the end you'll see that the numbers in this court case don't talk, they scream. An appeal has been filed and is scheduled for February 2008.
More About: Plans , Copyright , Breach , Factor , Ural

Architect gave an implied copyright licence
2007-11-12 21:13:00
The work of architects exposes them to legal risks. Lack of clarity in documents or arrangements often causes angst for architects. It is sometimes also used by them as a negotiation tactic. This is illustrated in a leading copyright case for architects decided by the High Court of Australia in December 2006. The decision in Concrete Pty Ltd v Parramatta Design Developments Pty Ltd [2006] HCA 55 is about copyright in property development plans. It's an interesting case worthy of a detailed case report.
More About: Copyright , Architect , Licence

Letter of Demand Species
2007-11-12 16:28:00
Sending a letter of demand (cease and desist letter) is like laying the foundation of a very tall building. Everything that follows in that dispute is built upon that foundation. For disagreements with customers, clients, suppliers, service providers and similar relationships gone bad, a letter of demand formally escalates the dispute to a new level. In the case of infringement of legal rights, it is often the very first contact you have with the letter's recipient. In either case it is critical to send the right message the first time. Here’s some of the poorer species of letters of demand we’ve seen over the years that have caused headaches for their senders.
More About: Letter , Demand

No substitute for experience and skill in immigration law
2007-11-12 09:40:00
A former Minister for Citizenship once said that representatives of migration applicants do nothing more than present their clients' facts to the Department. My response is to quote George Gerswin, It ain't necessarily so. Over the years as a solicitor specialising in immigration law, I have had to intervene on literally hundeds of occasions to see that my clients receive a fair (and legal) go from the Department of Immigration . I'll give you three recent examples from the last two weeks.
More About: Experience , Skill , Subs , Erie

HR planning is a top priority for 2008
2007-11-11 10:00:00
In HR planning for 2008 , ABS statistics support the view that keywords for employers remain - retain, train and manage talent and overall performance. The issue is rising worker mobility or job shifting. Nationally unemployment is the lowest since 1974, currently 4.3% (http://www.abs.gov.au/ausstats/abs@.nsf/ ProductsbyTopic/362607CA0519045ACA25712B0 00D0425?OpenDocument). ABS labour mobility statistics (http://www.abs.gov.au/AUSSTATS/abs@.nsf/ DetailsPage/6209.0Feb%202006%20%28Reissue %29?OpenDocument) indicate that in February 2006 there were 9.9 million workers in Australia aged 15-69 years. Of these, 11.7%, ie 1.2 million workers, had changed their main jobs in the prior 12 months. This percentage has been similar since 2002. Of those changing their main job, 24% had two or more changes of employer/business, 55% changed industry, 44% changed occupation, 75% changed usual hours worked, and 37% changed employment type. For solutions on see: Special Collection: Human Resources...
More About: Planning , Priority

Technology diffusion and the Hollywood business model
2007-11-09 10:00:00
Giorgio Armani arrives in Sydney today. Greeting him will be his pals, Cate and Russell. The link or hub for them was provided by the business institution we know as Hollywood . Giorgio, Cate and Russell have each used the Hollywood business model, a combination of talent, fame and distribution networks. Hollywood is a fame factory and fame is one of the most simple business models to understand. Andy Warhol would not disagree with that. Giorgio designs clothes, they sell better if worn by current Hollywood idols, such as Cate Blanchett and Russell Crowe.
More About: Business , Technology , Model , Sine

Straight talk on intellectual property litigation
2007-11-07 21:05:00
American business and IP lawyers tend to be straight talkers. They use simpler language and more direct styles of expression than their cousins in Australia. What about cousins in London? Long ago, a barrister friend of mine said to me: The bar in Sydney is more conservative than the bar in London, more English than the English. He was speaking about the social politics and modes of expression used in courts in Sydney and London. My friend has practised extensively in both cities. Admiring straight talk as I do, it was a delight this week to see street protesting lawyers in Lahore (could be a good title for another song by The Clash (http://au.youtube.com/watch?v=IXfaxEaPOj w)). They used very plain verbal and body language (see photo) against this week's Proclamation of Emergency, the suspension of the Constitution and the imposition of emergency restrictions.
More About: Property , Talk , Intellectual , Straight , Intellectual Property

Bubbles in China and business valuation
2007-11-07 10:00:00
China’s stock market is in a bubble. There’s only one way forward for Alibaba’s stock, and that is down. Shares in Alibaba.com nearly tripled today when they started trading in Hong Kong. The shares closed at HK$39.50, after the stock was originally priced at HK$13.50. Alibaba’s shares now trade at 320 times its expected net profit this year of HK$83 million. Source: Matt Marshall in VentureBeat blog post, Alibaba shows China in bubble (http://venturebeat.com/2007/11/06/alibab a-shows-china-in-bubble/), 6 Nov. 2007. For more on valuation, multiples and EBIT see: Business valuation with price earnings multiples (finance-securities/business-valuation-wi th-price-earnings-multiples-27.html) and Business valuation with EBIT multiples (corporate-and-business-dealings/business -valuation-with-ebit-mult-27.html).
More About: China , Bubbles , Sine , Valuation

Skilled migration to Australia made easier
2007-11-05 17:56:00
The skills shortage in Australia is continuing to produce a range of responses, including by governments, private enterprise, and the education sector. Our firm has responded by publishing a Special Collection (ip/special-collection-human-resources-ma nagement-and-law.html) on recruitment and employment law. We turn now to migration law. Migration law expert, Paul Hense (pictured), has accepted our invitation to provide a series of reports. We begin with his overview of key changes. From 1 September 2007 a new points system has been introduced for those seeking skilled migration to Australia under the General Skilled Migration Program. It applies to a wide range of applicants.
More About: Made

Record penalties for Trade Practices Act non-compliance
2007-11-02 20:45:00
Once more the dire consequences of breach of Part IV of the Trade Practices Act 1974 (Cth) ( Act ) have been made clear. This time with record penalties, injunctive orders and compliance orders imposed by the Federal Court of Australia. Today Australian billionaire, Richard Pratt, his company and two of his senior executives were all found responsible to various degrees for breaches of the Act in the corrugated fibreboard packaging products market in Australia. The penalties require Visy to pay A$36 million, and two executives to respectively pay A$1.5 milion and A$500,000.
More About: Record , Compliance , Pena , Cord

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