Lightbulb - Dilanchian IP blogLightbulb - Dilanchian IP blogDilanchian Lawyers and Consultants on intellectual property law, IP commercialisation and business law from an Australian perspective Articles
Australia's national innovation policy, ho hum
2007-11-01 11:00:00 Are you yarning yet? You will if you read Knowledge + Inno vation + Wealth (http://www.ausicom.com/_dbase_upl/AIC%20 Policy %20Presentation.pdf) [PDF]. It's by the Australian Institute for Commercialisation (AIC) and the Business Council of Australia (BCA). On the other hand Lightbulb may be wrong, perhaps the paper is a realistic mirroring of the sleepy state of innovation (intellectual-property/innovation-defined -and-redefined.html) policy in Australia. If you fell into a coma in 1997 and came out in 2007 you'd find little improvement. Most positive changes in innovation policy developmentat at the Local, State or Federal level seem to have been reactions to developments elsewhere or abroad rather than proactive. Lightbulb accepts there have been positive changes. There's room for more players. Laws and tax rates for venture capital have improved. Younger generations seem more energised and focused on business than decades before. There's increased onlin... More About: National
OpenSocial: market dynamics defined
2007-11-01 10:14:00 The concept of market dynamics comes from economics. In a flat world market dynamics takes place internationally. In a networked world market dynamics change at a blistering pace. These are knowns. What about unknows? How do you stay in touch, stay ahead or catch up in your business? How do you then reposition and refresh your strategy for new challenges when the horizon changes unpredictably, and suddenly? Sunrise and sunset on the net don't arrive in neat 24 hour blocks. More About: Market , Dynamics , Defined , OpenSocial , Nami
When is a distribution agreement not a franchise?
2007-10-31 22:18:00 The regulation of franchise agreements in Australia is vastly more restrictive than for licence or distribution agreements. There are dire consequences if an agreement unintentionally crosses the line to become a franchise in the eyes of the law. Until now there's been little common law to distinguish franchise agreements from other similar arrangements. We now have a case, the Federal Court decision of ACCC v Kyloe Pty Ltd [2007] FCA 1522 (http://www.austlii.edu.au/au/cases/cth/f ederal_ct/2007/1522.html) decided on 18 October 2007. It turns on its facts. It's not an extended thesis on the distinction. The takeaway is obtain advice to stay on the right side of the line. More About: Distribution , Franchise , Agreement , Franc , Ranch
Net's growth makes magic
2007-10-31 11:00:00 For the first time in history, you have a global market of 1+ billion people, all connected over an interactive network where they're all a click away from you. That's amazing. And 100 million new people are being added to that count every year, and that will continue for the next 30 years. A huge and growing market makes all kinds of magical things possible, and I think that's what we're seeing now. Source: Marc Andreessen (ip-tech-e-biz/mozilla-an-intellectual-pr operty-monster-story-2.html) writing his post Serial entrepreneurs and today's Silicon Valley (http://blog.pmarca.com/2007/10/serial-en trepre.html) (29 Oct. 2007), inspired by a phone call from Gary Rivlin. Rivlin, journalist with The New York Times, called to research After succeeding, Young Tycoons Try, Try Again (http://www.nytimes.com/2007/10/28/busine ss/28invent.html?pagewanted=all) (28 Oct. 2007). Rivlin's story spotlights Max Levchin, who at 27 years age sold his interest in PayPal an... More About: Magic , Growth
IP strategy for R&D: people first
2007-10-31 11:00:00 This is the first in a series of Lightbulb posts on IP strategy for R D. In long hand that's intellectual property (IP) strategy for research and development (R D). This first post is on the importance of customising for people to benefit from IP and R D. All posts will feature this photo of Thomas Edison holding a lightbulb. People differ in their interests, personality and skills. This leads them to selecting different educational and career paths. These facts should prompt all managers to customise the way they manage individuals in the workplace. More About: Strategy
Copyright in flux: The Empire Strikes Back?
2007-10-29 16:14:00 I have a dream. In mid-2008 I'll be in Paris. Maybe I'll roam with a Nokia 9N5. I'll use Google Maps on it to find the fastest walking path to the Louvre (http://www.louvre.fr). There's bound to be contemporary artists at the Louvre copying paintings by dead artists. I'll then head to d'Orsay (http://www.musee-orsay.fr/en/home.html) museum and review again the work of Impressionists who too copied the work of dead artists, many of them Japanese. More About: Back , Empire , Copyright , The Empire , Flux
Reducing obstacles for collaboration formation
2007-10-25 18:13:00 Going solo in business is easier in some ways than doing business in a collaboration. Collaboration requires alignment of the ambitions, agendas and styles of two or more individuals, companies or organisations. This can be more work than it's worth. However, doing business in collaboration is generally easier, and a whole lot more profitable, than battling solo. Our focus here is on practical advice for collaboration formation. Do that well and you will reduce subsequent obstacles to develop, grow or exit from a collaboration.
Cue > Dilanchian enewsletter, October 2007
2007-10-24 14:26:00 Cue is our enewsletter for clients, collaborators and colleagues. Each month subscribers receive one Cue email with a selected list of our articles and Lightbulb posts. 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: October 2007 , October , Chia
Feedback in the blogsphere
2007-10-24 13:38:00 Jimi Hendrix, the master of feedback (http://www.youtube.com/watch?v=A4AU7oK-x MQ) would have appreciated hyperlinks. On the internet, and especially in blogs, a hyperlink can be feedback. In recent months our site has enjoyed more hyperlink feedback than ever before. Time to express thanks. Thanks to Bootstrapper (http://www.businesscreditcards.com/boots trapper/). Our post, Four tasks to increase values or prices in business transactions (intellectual-property/four-tasks-to-incr ease-values-or-prices-in-business-transac -2.html), is included in its The 100 Best Business Finance Posts of All Time (http://www.businesscreditcards.com/boots trapper/the-100-best-business-finance-pos ts-of-all-time/). The naming and branding agency, Igor International (http://www.igorinternational.com/), likes (http://www.igorinternational.com/blog/20 07/10/naming-and-branding-in-the-blogs-10 1307/) our post titled Generate a legally strong brand in three steps (ip/generate-a-legally-strong-brand-... More About: Feedback , Blogsphere
The market capitalisation oomph of being online
2007-10-19 11:00:00 Google's initial public offering valued its shares at US$85. A week ago Google shares were US$622. That's a rise of 731%. In terms of market capitalisation Google now exceeds US$194 billion, which still keeps it way ahead of all other media or Internet businesses worldwide. However, here's a quiz. Whose shares have risen more, Google's since its float or Apple, Inc's since the return of Steve Jobs? More About: Market , Online , The Mark , Alisa
Fashion lore and law
2007-10-18 12:35:00 Guess which Christian Dior store location earned by mid-2006 more revenue than any other? There's a clue in in the title to our most recent post on fashion: Apparel retailers embrace the Web (intellectual-property/apparel-retailers- embrace-the-web.html) . Yes it's Changing trends in fashion and legal work (content/view/193/36/). Now the evidence is piling up of success online, at least by some discussed here. Ensure you read the yellow highlighted sentences below. More About: Fashion , Fash
Christian Dior - tres magnifique rise in business valuation
2007-10-18 11:00:00 ...[T]he business value of Christian Dior rose from US$15 million in 1985 to US$11.95 billion in 2003. Thus in the 18 years to 2003, the Christian Dior business valuation increased so that it was valued about 800 times more in 2003 than it was in 1985. In percentage terms that's an increase of 79,900%. Quote from Noric Dilanchian article, Fashion lore and law (ip/fashion-lore-and-law.html). More About: Business , Rise , Tres
Beware of Google bearing copyright tips
2007-10-17 11:28:00 Google (the owner of YouTube) has just announced the release of a beta version of a video filtering tool. (http://googleblog.blogspot.com/2007/10/l atest-content-id-tool-for-youtube.html) It has named it YouTube Video Identification. This supports Google's corporate copyright law compliance (and survival against legal threats). It is also another step towards protecting content owners whose copyright work is uploaded into YouTube without permission and then copied over, in virus-like fashion, to innumerable other sites. It's a massive problem for audio-visual content owners. For many of them YouTube is a punk, not a new kid on the block. More About: Google , Tips , Copyright , Beware , Bear
Debt recovery DOs and DON'Ts
2007-10-15 17:32:00 “Some debts are fun when you are acquiring them, but none are fun when you set about retiring them”. So wrote the American poet and humorist Ogden Nash (http://en.wikipedia.org/wiki/Ogden_Nash) . Arguably even less fun is the plight of the creditor, forced to chase bad debts in what can be a messy, protracted and often bitter affair for all involved. For best practice two things are paramount. First, a professional approach to debt recovery. Second, a willingness to review and improve internal procedures and documents. It is remarkable how a combination of professionalism, procedures and documents silence those who might otherwise whine or wriggle their way out of paying up. In our experience very few businesses have in place arrangements for which no improvement is needed. More About: Recovery , Debt
Retailers desperately seeking digital strategists
2007-10-15 15:47:00 Australian retailers need to innovate or reinvent themselves to stay on or ahead of the digital wave. Like Retailing as entertainment (ip/retailers-desparately-seeking-digital -strategists-2.html), this post is inspired by our recent work. It's a wake up post for retailers. It's about the opportunity to capture a higher business sale valuation by establishing an effective presence online. This post reflects on two stories 100 years apart, the establishment of Cole's Book Arcade and Lonely Planet. More About: Digital , Seeking , Retailers , Desperate , Retailer
Retailing as entertainment
2007-10-15 13:41:00 With changes in the Australian business environment, including rising real estate leasing costs, retailers need strategy and new customers. We're experiencing the change in our law firm in advising retailers such as venues re-inventing themselves, comparison shopping websites and product marketing and distribution e-commerce websites. More About: Entertainment , Entertain
iPhone upgrade or unlawful monopoly moves?
2007-10-14 14:06:00 On 5 October 2007 a small two partner New York law firm, Folkenflik McGerity, filed a class action Complaint (http://fortunelegalpad.files.wordpress.c om/2007/10/holman-v-apple.pdf) [PDF] in a court in California against Apple, Inc and AT T Mobility, LCC. The Complaint seeks direct, consequential and punitive damages totalling US$1.2 billion. On 10 October a press release (http://www.appleclassaction.net/Press%20 Release/Press%20Release%20101007.pdf) announced the action's website (http://www.appleclassaction.net/). This is all in keeping with the firm's statement (http://www.fmlaw.net/partners_folkenflik .html) on its main website that The firm makes extensive use of new technologies to leverage its manpower and to develop cost-effective approaches to its cases. More About: Iphone , Moves , Monopoly , Poly , Awful
A Whirlpool of Legal Risk
2007-10-13 11:00:00 We’ve blogged about the dangers of loose lips in online forums before. For example, a woman who made an anomymous post or comment in an online forum was tracked down (intellectual-property/you-dont-know-dick -but-he-knows-you.html) by Australian entrepreneur Dick Smith. He regarded the post as defamatory and extracted an apology plus a significant portion of his legal fees. From a recent case of forum comment litigation, perhaps the most notable takeaway is the plaintiff's realisation of the awesome power of the court. We don't have in mind the Supreme Court of Queensland where the case was instituted; rather, the court of public opinion. More About: Legal , Risk , Whirlpool , Whirl
Advertising is not the only game online
2007-10-11 11:00:00 If you were to believe the loose talk about advertiser-supported online business models you'd think it was the only game in town. The loose talk oversimplifies the undeniable fact that advertising is both increasingly creative and dominant online, but it's a long way from being the only game online. To quote (http://rescomp.stanford.edu/%7Echeshire/ EinsteinQuotes.html) Albert Einstein: Everything should be made as simple as possible, but no simpler. At the July 2007 Future of Media (intellectual-property/ten-topics-at-the- future-of-media-summit-2007.html) conference in Sydney someone on stage (who should have known better) said only porn or financial data works on a user-paid basis . Err, wrong. More About: Advertising , Online , Game , The O , Vert
Google GPhone versus Microsoft Windows Mobile
2007-10-10 11:00:00 With its share price now over US$600, and its market capitalisation over US$190 billion, Read/Write Web reports (http://www.readwriteweb.com/archives/goo gle_600_share.php) Google 's market valuation is currently higher than Wal-Mart or Coca-Cola. Google's value spike comes as online advertising grows and The New York Times reports (http://www.nytimes.com/2007/10/08/busine ss/media/08googlephone.html) on information leaking about GPhone, Google's Linux-based mobile phone software application expected to be officially announced later in 2007. Putting that in context, The Times states: Microsoft , whose mobile operating system has been available for years, has distribution agreements with 48 handset makers and 160 carriers around the world. Still, only 12 million phones sold this year will be based on Microsoft's software, giving it 10% of the smart-hone market, according to IDC. Miguel Helft (Matt Richtel and Laura M. Holson contributing), The New York Times, 8 ... More About: Windows , Mobile , Windows Mobile
Litigation funding provides "access to justice"
2007-10-05 11:00:00 There are about 12,000 pieces of commercial litigation involving disputes worth more than $100,000 in NSW and Victoria but fewer than 100 of them are supported by commercial litigation funders. ... The Law Council of Australia has told SCAG [Standing Committee of Attorneys-General reviewing how litigation funding should be regulated] that the fledgling litigation funding industry must be allowed to develop to expand access to justice, and has warned that overregulation would stifle its growth. Matthew Drummond, Litigation funder targets smaller end , The Australian Financial Review, 5 Oct 2007, p. 58. Comment: The High Court of Australia found a litigation funding agreement lawful in the 2006 case, Campbells Cash and Carry Pty Limited v Fostif Pty Limited (http://www.hcourt.gov.au/media/Campbells _Cash_Carry_v_Fostif.pdf). More About: Justice , Funding , Access , Ovid , Tiga
Special Collection: Human Resources Management and Law
2007-10-04 20:51:00 This post is a special collection of materials on law for management of employees, personal services contractors and talent. All links are to materials available in this integrated Lightbulb blog and Dilanchian website. People create intellectual property, not machines. The legal distinction between employees and independent contractors does not change this vital fact. As a law firm specialising in IP we have a very high regard for good management of people, particularly talent management. They may be actors, writers, musicians and entertainers. They may be executives, software programmers, researchers, graphic designers and others with talent. All build IP wealth. All can benefit from good management. More About: Resources , Management , Human Resources , Human , Special
Special Collection: Entertainment Law & Practice
2007-10-03 17:49:00 This post is a special collection of materials on entertainment sectors. All links are to materials available in this integrated Lightbulb blog and Dilanchian website. Entertain ment extends beyond content, eg video, audio, text, graphics and games. We include within the entertainment industry such activities as sport, management of events and venues such as museums; and the consumption of certain types of food, beverage, fashion, footwear and fragrances. A justification for this approach in that the laws, legal documents, talent pool, consumption habits, and sources of revenue in these non-content sectors are comparable to those for the content sectors. Hence all are grouped below under the heading Sectors . More About: Practice , Special , Coll
Special Collection: Entertainment Law & Practice
2007-10-03 17:49:00 This post is a special collection of materials on entertainment sectors. All links are to materials available in this integrated Lightbulb blog and Dilanchian website. Entertain ment extends beyond content, eg video, audio, text, graphics and games. We include within the entertainment industry such activities as sport, management of events and venues such as museums; and the consumption of certain types of food, beverage, fashion, footwear and fragrances. A justification for this approach in that the laws, legal documents, talent pool, consumption habits, and sources of revenue in these non-content sectors are comparable to those for the content sectors. Hence all are grouped below under the heading Sectors . More About: Practice , Special , Coll
Special Collection: From R&D to Commercialisation and Innovation
2007-10-03 15:45:00 This post is a special collection of materials on the related processes of invention, entrepreneurship, R D, commercialisation and innovation. All links are to materials available in this integrated Lightbulb blog and Dilanchian website. Intellectual property (IP) is often thought of as a thing. Think software, technological devices, books and CDs. However, for developers and owners of IP, better results are achieved if they think of IP as being also linked to business processes, business models, business relationships and documentation. This leads to many positive outcomes. More About: Innovation , Special , Coll , Inno , Alisa
Special Collection: From R&D to Commercialisation and Innovation
2007-10-03 15:45:00 This post is a special collection of materials on the related processes of invention, entrepreneurship, R D, commercialisation and innovation. All links are to materials available in this integrated Lightbulb blog and Dilanchian website. Intellectual property (IP) is often thought of as a thing. Think software, technological devices, books and CDs. However, for developers and owners of IP, better results are achieved if they think of IP as being also linked to business processes, business models, business relationships and documentation. This leads to many positive outcomes. More About: Innovation , Special , Coll , Inno , Alisa
Special Collection: Business Valuation, Sale or Purchase
2007-10-02 11:00:00 This post is an updated special collection of materials on business valuation, sale or purchase. All links are to materials available in this integrated Lightbulb blog and Dilanchian website. Good deal making involves good proposals. They can set the right expectations and direction at the earliest stage in a proposed transaction or negotiation. As discussed in Four tasks to increase values or prices in business transactions (intellectual-property/four-tasks-to-incr ease-values-or-prices-in-business-transac -2.html), especially in proposed sale or purchase transactions it makes a lot of sense to make your lawyer among the first people you call. Following is a list of articles or posts providing practical guidance for business sellers and buyers and forming collaborative arrangements. More About: Business , Sale , Special , Purchase , Coll
Special Collection: Deal Making and Contracting
2007-10-02 11:00:00 This post is an updated special collection of materials on deal making and contracting. All links are to materials available in this integrated Lightbulb blog and Dilanchian website. Everyone in our firm enjoys contract negotiation and contract drafting. It helps that we have a suite of tested resources, including over 1,000 template legal documents we've prepared or refined ourselves. It also helps that we've run numerous contract drafting workshops for managers and lawyers in Australia and abroad. More About: Special , Deal , Makin , Coll
Special Collection: Trade Marks
2007-10-02 11:00:00 This post is an updated special collection of materials on branding and trade marks. All links are to materials available in this integrated Lightbulb blog and Dilanchian website. Trade mark applications for registration need legal design . We are passionate about legal design . The concept is a theme in the post, Generate a legally strong brand in three steps (ip/generate-a-legally-strong-brand-in-th ree-steps-2.html), and it inspired the post titled Is Australian cheese properly branded? (content/view/172/36/) The lack of legal design in trade mark applications results in a regular stream of work for our firm. Preparing a trade mark application is deceptively simple. It's a job full of traps for young players. More About: Special , Marks , Coll
Special Collection: Legal Case Studies
More articles from this author:2007-10-02 11:00:00 This post is an updated special collection of legal case studies. All links are to materials available in this integrated Lightbulb blog and Dilanchian website. Case studies have helped grow our business, perhaps they'll also help yours. Legal case studies illustrate the practical application of law. We use them in our legal training workshops for law firms and corporate legal departments. More About: Studies , Special , Coll 1, 2, 3, 4, 5, 6, 7 |
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