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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
Articles: 1, 2, 3, 4, 5, 6, 7

Articles

UK organisational views and statistics on intellectual property
2007-08-01 11:13:00
How much of the music downloads revenue pie goes to creators? How is IP law central to the business models of Johnson Johnson? What are the IP reform hot topics for organisations in the UK? Read on for answers. Intellectual property law and policy are at the center of contemporary international trade negotiations and many other forums for public debate. There is a wide spectrum of views. Some of it is informed by a depth of understanding of the mix of complex ingredients in play. That mix includes economics, statistics, history, ethics and technology considerations.
More About: Views , Property , Statistics , Intellectual Property
Cue > Dilanchian enewsletter, July 2007
2007-07-28 11:00:00
Cue, is the name of our enewsletter for clients, collaborators and colleagues. Each month Cue filters and broadcasts Lightbulb posts to subscribers. Subscribe to the abridged monthly email version (component/option,com_contact/task,view/c ontact_id,3/) or the full RSS feed (index.php?option=com_rd_rss id=1), or both.
More About: July 2007 , July , Chia
Cue > Dilanchian enewsletter, July 2007
2007-07-28 11:00:00
Cue, is the name of our enewsletter for clients, collaborators and colleagues. Each month Cue filters and broadcasts Lightbulb posts to subscribers. Lightbulb is Australia's leading professional services firm blog, certain law firm blog, in terms of traffic. Subscribe to the abridged monthly email version (component/option,com_contact/task,view/c ontact_id,3/) or the full RSS feed (index.php?option=com_rd_rss
More About: July 2007 , July , Chia
Cue > Dilanchian enewsletter, July 2007
2007-07-28 11:00:00
Cue, is the name of our enewsletter for clients, collaborators and colleagues. Each month Cue filters and broadcasts Lightbulb posts to subscribers. Lightbulb is Australia's leading professional services firm blog, certain law firm blog, in terms of traffic. Subscribe to the abridged monthly email version (component/option,com_contact/task,view/c ontact_id,3/) or the full RSS feed (index.php?option=com_rd_rss id=1), or both.
More About: July 2007 , July , Chia
Paydays, Maydays and Judgement Days
2007-07-27 11:00:00
You hear of a great idea taking off with its backers cashing in on a payday, and you scold yourself: Why didn't I do that, I knew how to do it! On another day you hear of a venture going terribly sour, heading into a Mayday, or having a negative judgment day. You count yourself lucky thinking: Why didn't they see it coming! Business requires decision making. Perfect knowledge is not attainable. Judgment calls are often required. You can improve your results in business decision making by observing business journeys taken by others to paydays, Maydays and judgment days. We'll close with a definition of codified knowledge to highlight impediments to overcome in decision making.
More About: Days , Judgement , Payday
Paydays, Maydays and Judgement Days
2007-07-27 11:00:00
You hear of a great idea taking off with its backers cashing in on a payday, and you scold yourself: Why didn't I do that, I knew how to do it! On another day you hear of a venture going terribly sour, heading into a Mayday, or having a negative judgment day. You count yourself lucky thinking: Why didn't they see it coming! Business requires decision making. Perfect knowledge is not attainable. Judgment calls are often required. You can improve your results in business decision making by observing business journeys taken by others to paydays, Maydays and judgment days. We'll close with a definition of codified knowledge to highlight impediments to overcome in decision making.
More About: Days , Judgement , Payday
Paydays, Maydays and Judgement Days
2007-07-27 11:00:00
Business is about decision making. Perfect knowledge is not attainable. Judgement calls are often required. You hear of a great idea taking off with its backers cashing in, and you scold yourself: Why didn't I do that, I knew how to do it! On another day you hear of a venture going terribly sour, and you count yourself lucky thinking: Why didn't they see it coming! Let's do two things. First, consider the following current list of business journeys to paydays, Maydays and judgement days. Second, at the end there's a definition of codified knowledge listing impediments in decision making.
More About: Days , Payday
"Alan Bond in short pants"?
2007-07-26 11:00:00
In October 2006, private equity firm, CVC Asia Pacific, paid A$4.5 billion for 50% of the main media assets of Publishing and Broadcasting Ltd, the James Packer vehicle. The jewel in that crown was perceived to be the Channel Nine television network. Then in early 2007 CVC acquired another 25% and rolled it too into the new vehicle Consolidated Media Holdings. The ratings of Channel Nine have declined so much that Mark Day of The Australia today in his blog writes (http://theaustralian.news.com.au/story/0 ,,22134815-12280,00.html): It is a disaster which Nine's 75 per cent owners, the private equity firm CVC Asia Pacific could not have foreseen. It throws doubt on that company's ability ever to get a return from its investment. James [Packer] may well say CVC's youthful boss, Adrian MacKenzie is his Alan Bond in short pants.
More About: Pants , Short
Make the Web grow your business, ask us how
2007-07-25 14:26:00
I could write a book on this topic, but I won't. So here's six practical points supported by graphics and two sidebars. I end with a riddle to test you. The six points apply if you have a Website, blog or other Web presence or want one. Some appeal to the Google PageRank algorithm (http://www.nytimes.com/2007/06/03/busine ss/yourmoney/03google.html?ex=1185508800 en=fbb76ff961cd21bd ei=5070) (the original version (http://dbpubs.stanford.edu:8091/diglib/p ub/slides/berkeleydlijan98/berkeleygoogle 2/sld014.htm) is pictured). Apply them to reach people on fixed or mobile devices at work, home or play.
More About: Business , Make , Grow , Sine
Make the Web grow your business, ask us how
2007-07-25 14:26:00
I could write a book on this topic, but I won't. So instead here's six practical points supported by graphics and two sidebars. I end with a riddle to test you. The six points apply if you have a Website, blog or other Web presence or want one. Some appeal to the Google PageRank algorithm (http://www.nytimes.com/2007/06/03/busine ss/yourmoney/03google.html?ex=1185508800 en=fbb76ff961cd21bd ei=5070) (the original version (http://dbpubs.stanford.edu:8091/diglib/p ub/slides/berkeleydlijan98/berkeleygoogle 2/sld014.htm) is pictured). Apply them to reach people on fixed or mobile devices at work, home or play.
More About: Business , Make , Grow , Sine
Make the Web grow your business, ask us how
2007-07-25 14:26:00
I could write a book on this topic, but I won't. So instead here's six practical points supported by graphics and two sidebars. I end with a riddle to test you. The six points apply if you have a Website, blog or other Web presence or want one. Some appeal to the Google PageRank algorithm (http://www.nytimes.com/2007/06/03/busine ss/yourmoney/03google.html?ex=1185508800 en=fbb76ff961cd21bd ei=5070) (the original version (http://dbpubs.stanford.edu:8091/diglib/p ub/slides/berkeleydlijan98/berkeleygoogle 2/sld014.htm) is pictured). Apply them to reach people on fixed or mobile devices at work, home or play.
More About: Business , Make , Grow , Sine
Trade mark lawyers who say “Hell yeah!”
2007-07-20 14:57:00
Allen P. Adamson is the Managing Director of the New York office of Landor (http://www.landor.com/). Landor is a subsidiary of WPP Group plc, the global marketing and communications giant based in the United Kingdom. In September 2006 Palgrave/Macmillan published his book, BrandSimple (http://www.landor.com/?do=cBranding.bran dsimple). I'm not surprised. The reason is that back in early 2005 there was next to nothing written on brand architecture , a concept I was researching for a client with lots and lots of trade marks all in different styles and sending different messages.
More About: Lawyers , Trade , Hell , Mark , Yeah
Trade mark lawyers who say “Hell yeah!”
2007-07-20 14:57:00
Allen P. Adamson is the Managing Director of the New York office of Landor (http://www.landor.com/). Landor is a subsidiary of WPP Group plc, the global marketing and communications giant based in the United Kingdom. In September 2006 Palgrave/Macmillan published his book, BrandSimple (http://www.landor.com/?do=cBranding.bran dsimple). I'm not surprised. The reason is that back in early 2005 there was next to nothing written on brand architecture , a concept I was researching for a client with lots and lots of trade marks all in different styles and sending different messages.
More About: Lawyers , Trade , Hell , Mark , Yeah
Commercialisation strategy and business valuation multiples: 15 questions
2007-07-19 17:40:00
The situations businesses find themselves in are variable and challenging. Rarely is it about joining dots. Here are 15 questions, answers to which will take a developed business to the next stage. The questions go beyond fundamentals for a start-up. Crossing the chasm requires moving out of a start-up focus on invention and creativity. It's a move to a business focus on commercialisation and improving business valuation multiples.
More About: Business , Questions , Strategy , Comm , Lisa
Commercialisation strategy and business valuation multiples: 15 questions
2007-07-19 17:40:00
The situations businesses find themselves in are variable and challenging. Rarely is it about joining dots. Here are 15 questions, answers to which will take a developed business to the next stage. The questions go beyond fundamentals for a start-up. Crossing the chasm requires moving out of a start-up focus on invention and creativity. It's a move to a business focus on commercialisation and improving business valuation multiples.
More About: Business , Questions , Strategy , Merc , Rate
Ten topics at the Future of Media Summit 2007
2007-07-18 19:32:00
This post records speaker commentary at the Future of Media Summit , held today simultaneously in Sydney and San Francisco. All commentary is paraphrased as best as I recorded it in handwriting. The aim here is to make the topics, structure and content of the post provide a snapshot of current coordinates and future directions in the digital media business. Beyond this, no analysis is attempted here.
More About: Topics , The Future
Ten topics at the Future of Media Summit 2007
2007-07-18 19:32:00
This post records speaker commentary at the Future of Media Summit , held today simultaneously in Sydney and San Francisco. All commentary is paraphrased as best as I recorded it in handwriting. The aim here is to make the topics, structure and content of the post provide a snapshot of current coordinates and future directions in the digital media business. Beyond this, no analysis is attempted here.
More About: Topics , The Future
Beware of Web 2.0 crossing the chasm
2007-07-16 11:00:00
There are many signs in recent months that the Australian Web 2.0 sector (and related parts of the much broader Australian information and communications technology sector) are crossing the chasm. The chasm is a well-known phenomenon seen in commercialisation, product development, technology adoption and diffusion, and company life cycles. Here's a working definition. Read it as you look at the accompanying chasm graphic. Quoting Geoffrey A. Moore, the concept's author: The idea of the chasm is a simple one. It says that whenever truly innovative high-tech products are first brought to market, they will initially enjoy a warm welcome in an early market made up of technology enthusiasts and visionaries... . The chasm is crossed by a new product, technology or enterprise when it broadens its appeal beyond enthusiasts and visionaries . This post discusses this simple concept of the chasm and provides two cautionary principles relevant to Australian...
More About: Beware , Crossing , Ross , Ossi
Beware of Web 2.0 crossing the chasm
2007-07-16 11:00:00
There are many signs in recent months that the Australian Web 2.0 sector (and related parts of the much broader Australian information and communications technology sector) are crossing the chasm. The chasm is a well-known phenomenon seen in commercialisation, product development, technology adoption and diffusion, and company life cycles. Here's a working definition. Read it as you look at the accompanying chasm graphic. Quoting Geoffrey A. Moore, the concept's author: The idea of the chasm is a simple one. It says that whenever truly innovative high-tech products are first brought to market, they will initially enjoy a warm welcome in an early market made up of technology enthusiasts and visionaries... . The chasm is crossed by a new product, technology or enterprise when it broadens its appeal beyond enthusiasts and visionaries . This post discusses this simple concept of the chasm and provides two cautionary principles relevant to Australian...
More About: Beware , Crossing , Ross , Ossi
Four tasks to increase values or prices in business transactions
2007-07-13 11:00:00
Rather than getting lost in your to do list, here are four tasks to significantly maximise financial returns and minimise risks in numerous types of transactions. The four task headings will fit on one Post-it Note. They stand out as ways to increase values or sale prices in numerous types of business deals. They are points of distinction for our clients who have done particularly well in business and asset sale transactions. They are based on our experience in hundreds of technology commercialisation, business sale, and intellectual property licensing transactions.
More About: Business , Transactions , Values , Tasks , Ease
Four tasks to increase values or prices in business transactions
2007-07-13 11:00:00
Rather than getting lost in your to do list, here are four tasks to significantly maximise financial returns and minimise risks in numerous types of transactions. The four task headings will fit on one Post-it Note. They stand out as ways to increase values or sale prices in numerous types of business deals. They are points of distinction for our clients who have done particularly well in business and asset sale transactions. They are based on our experience in hundreds of technology commercialisation, business sale, and intellectual property licensing transactions.
More About: Business , Transactions , Values , Tasks , Ease
Think digital, think future proofing
2007-07-12 14:21:00
Lawyers are usually archaeologists. They ask: what happened? When? By who and why? Sometimes lawyers are futurists. They ask: what's changing? What are the patterns and trends? Are there statistics in support? Intellectual property lawyers whose fees depend on advisory work, not litigation, are often futurists. Clauses in contracts which prepare for future events include those for royalties, accounts auditing, dispute resolution, and non-competition. In Hollywood IP lawyers often become talent agents and studio heads. You get the drift. Future sickness is an expression I've coined. It affects those who dwell so much in the future that they virtually live in it. Their regular thoughts, reading habits or advice is about change, a topic which is inherently unstable, hence causing symptoms much like sea sickness.
More About: Digital
Think digital, think future proofing
2007-07-12 14:21:00
Lawyers are usually archaeologists. They ask: what happened? When? By who and why? Sometimes lawyers are futurists. They ask: what's changing? What are the patterns and trends? Are there statistics in support? Intellectual property lawyers whose fees depend on advisory work, not litigation, are often futurists. Clauses in contracts which prepare for future events include those for royalties, accounts auditing, dispute resolution, and non-competition. In Hollywood IP lawyers often become talent agents and studio heads. You get the drift. Future sickness is an expression I've coined. It affects those who dwell so much in the future that they virtually live in it. Their regular thoughts, reading habits or advice is about change, a topic which is inherently unstable, hence causing symptoms much like sea sickness.
More About: Digital
Revenues and stock prices of Google and eBay in context
2007-07-09 15:34:00
In its story EBay Chief Spurs Growth on PayPal, Beats Googl e Unit (http://www.bloomberg.com/apps/news?pid=2 0601109 sid=axCR7KvnHyow refer=news) Bloomberg.com reports that in 2004 eBay and Google had almost equal sales revenue. Since then revenue tripled for Google to US$10.6 billion in 2006 and eBay's rose 82% to US$5.97 billion. Remember these results. Bloomberg continues:
More About: Ebay , Stock , Context
The war for Internet talent
2007-07-06 16:35:00
The growing appetite for online video, especially in younger generations, provides an opportunity for marketers concerned by the declining efficacy of advertising in television, radio and print media. The takeaway in this post is not legal, it's creative. Marketers who populate their online space with re-purposed or adapted television advertising won't get far for too long. Those who instead hire real talent to go where others have not gone will grow with today's audiences as they mature.
More About: Internet , Talent , Intern , Tale , Lent
Internet video advertising statistics and law
2007-07-05 16:31:00
Recent research shows that more than a third of Australian internet users stream and download video content. Now internet video advertising is centre stage, just as TV advertising faces ever-increasing challenges (http://www.smh.com.au/news/business/tv-t old-to-mix-it-up-as-viewers-tune-out-ads/ 2007/06/06/1181089150887.html) and the traditional print newspaper business goes from bad to worse (http://www.cio.com.au/index.php/id;23507 2303;fp;;fpid;;pf;1). We can now quote public statistics on the extraordinary uptake of internet video or online video.
More About: Video , Internet , Advertising , Statistics , Stat
Shopping list for e-commerce
2007-07-05 13:45:00
The retail e-commerce sector was worth an estimated A$17 billion in 2006, a figure that is expected to grow to A$30 billion by 2010. So says online payment provider PayPal (http://www.paypal.com/) in Jane Searle’s article titled PayPal may offer credit and savings (Australian Financial Review, 5 July 2007, p 18). At Dilanchian we have a keen interest in e-commerce; some of our clients (content/view/310/36/) have effectively exploited it, we’ve watched particular industries (content/view/279/36/) embrace it and we’ve mused over the financial services regulations (content/view/161/56/) that apply to it. This post examines the success of PayPal and lists key considerations for those looking to add e-commerce functionality to their business.
More About: Shopping , List , Commerce , E-Commerce , Comm
Priceless contract law advice (MasterCard® affiliation disclaimed*)
2007-07-03 13:00:00
Cost of your litigation filing fee to recover money due under your contract: $73. Cost of the appeal because you contracted and sued the wrong party: $9,000. Cost of your lost time as a business manager in all your mess: $5,000. Cost of identifying the contracting parties correctly in the first place: Priceless . Avoid litigation costs. Read and bookmark this post and use experienced contract lawyers. This post overviews how to identify, search and check parties to a contract. To be reminded of the need, read the famous Party of the first part (http://lawprofessors.typepad.com/contrac tsprof_blog/2005/07/film_clips_the_.html) contract scene in A Night at the Opera (1935) by the Marx Brothers and watch the Who's on First (http://www.youtube.com/watch?v=sShMA85pv 8M mode=related search=) comedy skit from the 1940s by Abbott Costello.
More About: Advice , Contract , Vice , Trac
How to negotiate and contract like a professional
2007-06-29 11:00:00
Do you need a simple, quick and practical guide for negotiation of a commercial deal, contract, arrangement or understanding? Then you need to understand the deal making process. This post links to two tools to guide you - a slide presentation and an informational brochure. Deal making is a process you should go through before preparing a legally binding contract. The same is the case for commercial arrangements and understandings. Put deal making first and you'll benefit and save time, hassles, money, days in court.
More About: Contract , Like , Professional , Trac , Fess
How I became a celebrity chef with intellectual property
2007-06-29 11:00:00
When a book becomes the bible of its sector it can gain financial and market power. This month I caught up with the premier status of The Sydney Morning Herald Good Food Guide (Penguin Books, A$24.95). The 23rd edition for 2008 will be out in October. The Guide and the Good Food Awards are affiliated. Here's a list of the 2007 Award winners (http://www.smh.com.au/news/good-living/2 007-winners/2006/09/04/1157222070830.html ). The Guide and restaurant reviews in the Herald's Good Living weekly lift out together reach millions of readers. This Herald stable is arguably Sydney's most powerful food criticism media. I learned all this as a result of watching the first episode of Heat in the Kitchen (http://www20.sbs.com.au/heatinthekitchen /), a documentary series in a repeat run on SBS Television (Saturday, 6pm) and credited largely to Ruth Cullen (http://www.ruthcullen.com/), director / co-writer / camera.
More About: Celebrity , Property , Intellectual , Chef , Intellectual Property
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