Decanter 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.

* [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?

Can 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.

Every start-up operates in its own unique circumstances. It has its own mix of products, people, markets and operating methods. It has its own vision of its past, present and future. Differentiation moves markets.

Every start-up seeking funding or raising post-establishment capital also requires a customised pitch. It pitches its circumstances and vision to raise funds. Information moves markets.

Sharing information on differentiation brings together investors and start-up entrepreneurs or founders. Collaboration supported by documentation moves markets.

These facts have grown trade since ancient times.

This article is a "how to" checklist for start-ups and investors seeking to get together.

"What product exclusivity am I getting?" This is a common first question asked by prospective distributors considering a draft distribution agreement.

Let's consider these questions and techniques for assessment of distribution proposals and draft distribution agreements. The aim is to design realistic, workable and practical arrangements between manufacturers, suppliers and distributors.

The starting point is to recognise that these exclusivity and money questions are often based on assumptions due to what we'll call a 2D view of distribution arrangements. Having drafted or reviewed over 350 distribution agreements, I see them in 3D.

Over recent months that's the learning from our client work as well as from external developments in intellectual property ("IP") law in Australia and abroad.

This article is an update on those external developments, answering these five questions:

1. Trade secrets: Who did DuPont sue to protect it's Kevlar trade secrets and win $US919.9 million in a U.S. jury trial?
2. Patents: Why has Apple Inc. (with iPad) versus Samsung (with Galaxy Tab 10.1) gone to the High Court, the highest court in Australia?
3. IT Security: What can an employer do to retain control over Twitter, Facebook and social media web presence against former employees and web masters?
4. Copyright and safe harbour principle: How is the forthcoming High Court decision in Roadshow v iiNet (ie Hollywood studios and some Australian ring-ins versus a big ISP) merely one of many battle fronts in the ongoing war over copyright and revenue streams?
5. Trade marks: Do you think of where you might make a legal complaint or lodge a court action when you think of your online marketing or e-commerce ventures? You should. Facebook faces that issue in a case against Faceporn.com, a business established in Norway. So have the Australian distributors of Affinage products.

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