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

Dilanchian Lawyers & Consultants

Dilanchian Lawyers & Consultants

Letter of Demand Species

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ltrdemand Sending a letter of demand (cease and desist letter) is like laying the foundation of a very tall building. Everything that follows in that dispute is built upon that foundation.

For disagreements with customers, clients, suppliers, service providers and similar relationships gone bad, a letter of demand formally escalates the dispute to a new level. In the case of infringement of legal rights, it is often the very first contact you have with the letter's recipient. In either case it is critical to send the right message the first time.

Here’s some of the poorer species of letters of demand we’ve seen over the years that have caused headaches for their senders.

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Medical conditions don't rule out visa applications

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Tags: migration

hense_oz Did you know that gay and lesbian applicants can successfully obtain an interdependent (partner) migration visa even when they have a serious health condition? They can seek what is known as the health waiver.

This means that as long as health costs are not excessive, they can obtain the visa.  This benefits applicants who have a serious health condition, such as being HIV positive.

The standard health test applied by the Australian Department of Immigration does not leave much room for visa applicants with an illness or condition. It certainly rules out applicants who have HIV or any serious condition which might cost some A$26,500 over a five year period to treat.

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Business method patents still OK in U.S.

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oil_rig_coastlineThis is a short case note on the 2010 U.S. Supreme Court decision in Bilksi et al v Kappos [Wikipedia link].

The applicant was unsuccessful in seeking to patent a business method. It was a method to calculate the risk of price changes in the energy sector caused by seasonal changes in the weather, to be used in the creation of fixed bill energy contracts for consumers.

This particular method or process patent application failed to be eligible as a patent because it was found to be a mere concept, an abstract idea, that basically boiled down to a mathematical formula, to be applied to the energy industry.

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7 topics for proposal writing or review

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Good ideas need a proposal in support. Here's a checklist of seven key topics to help improve your proposals.

It is not written with any particular industry or type of product or service in mind. The further reading list contains more guidance, some of which relates to specific areas.

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Dell's Online Brand Abuse

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lb_thumbnailDell's latest Google AdWords campaign made Toshiba and Acer very annoyed. Why? Apparently Dell registered the phrases "Acer notebook" and "Toshiba notebook" on Google's advertising program, so people entering these search terms into Google's Australian search engine would be directed to Dell's website.

What an interesting legal football such registered search terms are. They've been tested by courts around the world with wide-ranging interpretations and conflicting decisions. The French have been harsh, the Brits have been lenient and the US have been a bit each way . Here in Australia these issues haven’t really been tested yet.

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