To their detriment, too often clients as well as lawyers skim or skip the first and second stage of proposed transactions. When they do this they enter a forest with no clear path to follow.
When they follow the three stage transaction or contracting process they move from casual dating, to going steady, to getting married. It's that simple.
There are three stages for most intellectual property and business law transactions. The first stage is needs assessment. The second, deal points definition. Only after the first and second stage are at least properly considered should anyone go to the third stage - formal contract drafting.
Under section 34 of the Copyright Act 1968 the duration of copyright in literary, dramatic, musical or artistic work lasts for the life of the author and for 70 years after the author's death.
How did Australian copyright law reach this outcome, ie this long duration for copyright works?
As lawyers specialising in intellectual property and business law we're seeing in 2011 a spike of creative destruction at work in the economy, law and in legal practice.
What is the flow of this high level of change, what's fueling it, how can your business respond? This post is a brief enquiry into these questions.
We are asking these questions because economics, technology and business changes take place generally well before law changes in response. Understand the former and you'll be better at anticipating the latter.
If you are planning to sell a business or major asset what can you do to increase its valuation or perceived value?
Here is a list of eight ideas in no particular order of importance.
A standard trade mark licence does not exist. If what you seek is a short and basic trade mark licence agreement of say two pages length, then yes, we can assist. So can many other IP lawyers and probably even general business lawyers. And it could be prepared for a low fee.
Would you be comfortable with a short and basic trade mark licence agreement? A missing feature can hurt in some eventualities, especially if you are the trade mark owner.
The Intellectual Property Laws Amendment (Raising the Bar) Bill 2011 proposes a wide range of amendments to patent and trade mark law. This article overviews some of them.
For patents, the aims of the Bill include to raise the quality of patents granted, require greater disclosure of details of the usefulness of inventions, and expand exemptions for non-commercial research of patented inventions.
This is a short note on the Full Federal Court's February 2011 decision in Roadshow Films Pty Limited v iiNet Limited  FCAFC 23.
In this important decision comprising 807 paragraphs with three counsel on each side, the Full Federal Court upheld the first instance decision of February 2010 (Roadshow Films Pty Ltd v iiNet Limited (No. 3)  FCA 24).
In both decisions iiNet, an internet service provider ("ISP"), was held to be not liable for any copyright infringing activities of its customers who used BitTorrent, a peer to peer software for sharing digital files.
In the year 2000 I noticed people in business taking significant legal risks in preparing emails in a rush. I wrote a detailed article with practical hints titled Email Abuse, search that expression on this site and you'll find the article PDF or go here.
Today poorly written emails are causing business and legal issues in epidemic proportions. (As evidence I'm guided by my firm's experience in new client matters.) These low quality emails feed into risky business proposals, unnecessarily stretch out transactions, and cause higher legal costs.
My purpose here is to reduce these issues with two practical suggestions.
In business negotiations poorly negotiated deal points are like ill-fitting cogs in a machine. They don't work together well, or at all. As ill-fitting parts are stressed, parts warp and system-wide issues proliferate.
I've had decades of experience in business negotiations and documenting results in contracts. It seems more and more new clients come to us only after taking the risk of agreeing to business deals that can't be documented later in a contract, either easily or at all.
Many trends and business management gaps are causing this risk to grow. We'll focus here on proposal writing as a practical way to minimise or avoid the risk.
Some business deal ideas simply can't be made to work, either commercially or legally.
To get an intellectual property monopoly you need more than legal knowledge. You and your advisers must understand and apply know-how relating to commercialisation, which American cousins spell commercialization. Here's what we do for clients.
To test client product or service ideas, innovations and inventions my firm uses a lot of different questionnaires, checklists and other template-based document types. We supply them via email. For us and for clients these documents save time and hence money and generally help get better results, faster. For clients it's a convenience to not have to come into our office for a long meeting.