Few people in business, and few lawyers, appreciate the importance of integrating design and legal thinking in the two related processes of brand design and trade mark registration.
Experienced trade mark lawyers know that not all trade mark registrations are created equal. They don’t always tell clients this truth.
Each month hundreds or thousands of very low quality marks are registered by IP Australia.
“When the wind of change blows, some build walls while others build windmills.”
If you had to choose a word or phrase to describe China, what would it be? Populous? Changing fast? What about innovative? That is in fact China’s aim – to become an innovative, knowledge-based intellectual property (“IP”) powerhouse.
Are bloggers and those who post in social media journalists are Australian law?
The question has important legal implications. The answer varies greatly depending on the area of law or legal context.
A great deal has been written on the question in schools of journalism and other social sciences. In some areas of law the question is not likely to be easily settled for years.
A Bloomberg slideshow in December 2014 illustrates that U.S. oil consumption and GDP growth decoupled from 2010 - America is shaking off its addiction to oil.
Five factors for the decoupling are given. Use of software is not mentioned.
Social media is an inevitable and integral part of the lives of most individuals around the world seeking to communicate and share information. In terms of businesses and other organisations, social media is largely a marketing channel for reaching citizens, members, users and customers.
Business owners and executives worry when fortunes decline as competitors enter their former stable market. They worry over fewer calls from customers, lower sales and their best staff leaving one after another. The response is typically cost cutting.
What is it that nimble competitors are doing differently?
The introduction in 2003 of section 44C and related sections amended the Copyright Act 1968 (Cth) to block the proliferation in parallel importation circumstances of silly claims to copyright in mere product labels.
Parallel importation is the importation of non-counterfeit goods into Australia by persons who are not licensed or otherwise authorised by the intellectual property owner. Typically the intellectual property in these goods is a trade mark or subject matter protected by copyright law. Parallel imports are sometimes called "grey" goods.
Online contracting today provides the opportunity to improve business with svelte business models. It builds on long term developments which will continue to change the way goods and services are traded.
Traditionally there were fewer suppliers and offerings (ie products and services), hence contract negotiations were often extended as the parties gathered information and then haggled. In pre-contract tasks they needed to communicate and record what was available, what price was sought, when goods could be supplied and so on. This involved in-person meetings, diary notes, telephone tag, faxes and more recently email threads and instant messaging.
In 1973 on arrival in Beijing Gough Whitlam became the first Australian Prime Minister to visit China while in office.
The personal, political and trade relations that followed are extraordinary.
In 1978 Deng Xiao Ping introduced China's Open Door Policy for foreign businesses.
By 1980 four Special Economic Zones were up and running - Shenzhen, Zhuhai and Shantou in Guangdong, and Xiamen in Fujian. China stands at the top in 2014, regarded by 31% of Australians as the nation's best friend in Asia, according to a Lowy Institute poll (see graphic at end of article).
Choosing the right business structure for trade in China depends on many factors, including the nature of the product and the market in which it will be sold. There are four basic models.