Business lawyers specialising in technology and intellectual property law, management and commercialisation

Dilanchian Lawyers & Consultants

Latest Law Articles and News

7 mobile app legal tasks

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mobile-app-legal-tasksIf you're developing a mobile device app I'm sure you've been reading a lot, having conversations with prospective partners, and seeking other colmobile-app-legalslaborators.

Use the list below to check legal needs are covered.

It's advice I've provided for developers. It's just as relevant for clients commissioning development of mobile apps.

 

IP protects design

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package-designMany elements of package design can be protected with intellectual property law. Do-it-yourself designs need not apply.

Together with do-it-yourself logos, they rarely qualify as great IP or easily stand up to legal attack in our experience.

So if IP law thinks they are rubbish why invest in them?

 

Future IT

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future-information-technologyWaves are a common and useful metaphor for change, including for technological change.

Long-term waves in IT history, as observed by Brenda Laurel, are discussed in Structured networks and the next internet wave.

Contemporary waves were discussed last month in Technology Waves and the Hypernet by IT investors, Roger McNamee and Mike Maples in their new blog, The Hypernet.

 

Pure Blonde's branding makeover

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branding-makeover-beerCarlton United's new branding for Pure Blonde is likely to help it in any future trade mark protection or related legal action.

The new bottle and label design makes three changes. It has an embossed Pure Blonde crest in the glass, giving it a separate status as a brand. It has a central label which emphasises the word "Pure", having taken the crest out. It has a longer neck label that connotes premium and emphasises the word "Premium".

pure_blonde_smallThrough rebranding Carlton not only keeps its product's identity fresh and contemporary, it also strengthens its legal rights to protect its intellectual property.

When we last wrote about Pure Blonde in "Trade mark law strategy kept simple for blondes". On the right is the bottle with its original labels. The emphasis there too was on clever tactics with intellectual property, specifically, use of scope creep in the trade mark strategy for Pure Blonde.

 

10 conversations about business models

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cezanne_cardplayers In 2007 we extended an invitation to readers to call for a conversation on 10 possible topics. Happily some took up the offer.

The nature of the questions kept them relevant. So for 2012 we repeat them and our invitation.

If you want to discuss the 10 topics below call us whether you are a client, collaborator or a stranger. We're proposing an open conversation to exchange thoughts, play cards and see where that might lead.

 

9 core competencies for intellectual property

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core-competency-ck-prahaladcore-competency-gary-hamelA business journalist asked me today: "What role can directors play to secure their organisation's intellectual property".

Nice question. But I'd like to answer a better question.

It's this: "What role can directors play to build and protect an intellectual property business and its future?"

 

The employment vs contractor agreement distinction

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employment-agreementUnder law in Australia and most countries whether A is B’s employee or, alternatively an independent contractor, is critical for ownership and protection of intellectual property. And that's just the beginning.

In Australia, if A is an employee numerous legal consequences follow. Superannuation must be paid, income tax must be taken out, and workers compensation insurance put in place.

To answer the question of whether A is an employee involves considering layers of law, facts and circumstances. There are variations for employees working in the private or public sector, under awards or enterprise agreements, or Common Law contracts and so forth.

 

Is your brand an IP risk or IP asset?

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Tags: branding | trade mark

brand-ip-riskInvestment to create wealth through ownership of a brand is wasted if there is ignorance of intellectual property law ("IP"), IP search procedure, and IP protection tasks.

This is illustrated by probably the most common of all IP risks - legal issues arising from poorly selected brands and poor product identification.

Consider this scenario - Company A names a product and releases it . Assume the product name has IP rights. Some time later Company B launches a product with a similar name and for the same market.

 

World's best wine label 2011

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Tags: branding | wine | beverage

wine-label-designDecanter reports that the World Label Awards Association has given the 2011 best label design award to the South Australian wine, Alpha Crucis Shiraz 2008.

It's produced by Chalk Hill Winery in McLaren Vale.


Related articles:

* [VIDEO] Picking a trade mark

* Hunter Valley wine brands and branding

* "New England Australia" is now a geographic indicator for wine

* Is Australian cheese properly branded?

 

Sham independent contractor agreements

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independent-contractorCan a person be legally an "employee" if he or she works casual or part-time for multiple businesses? What makes a person an employee and not an independent contractor?

In law the short answer is many factors. There are major financial and legal consequences. Employers have statutory obligations and employees have statutory entitlements, eg to superannuation payments.

The employees or contractors question arose in a 2011 court case involving the Australian Tax Office - On Call Interpreters and Translators Agency Pty Ltd v Commissioner of Taxation (No 3) [2011] FCA 366.

 
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