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

Dilanchian Lawyers & Consultants

Dilanchian Lawyers & Consultants

Parallel importation and the doctrine of exhaustion

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alcohol_brandsParallel importation is increasingly common in Australia's liquor, fashion and branded goods markets.

This article overviews legal considerations and sets out six pointers for management of legal risks faced by parallel importers.

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Restructure your business to get new capital gains tax concessions

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Capital gains tax has an enormous impact on the business and tax structuring of small businesses. Thus it is essential to maintain a close watch over changes to capital gains tax law.

A few changes will come into force from 1 July 2007, noteworthy is the increase in the net asset value test from A$5 million to A$6 million.

Some of the changes already effective from 1 July 2006 are discussed in this article. (The Government's press release on recent capital gains tax changes is here.)

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Free letter of demand template

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Tags: litigation

maze_clock_ontherunIt is an illusion to believe that results can be achieved by using a free letter of demand template. Complexities exist that a simple cease and desist letter does not usually deal with.

Templates are useful, the more the better. However, at least in Sydney all need to be heavily customised to convince recipients to respond as desired. Thirty years ago people respected a "solicitor's letter". Today they need to be convinced by one.

A writer of a demand letter is in the behaviour modification business. It requires cunning and craft to convince people and businesses to change their position or behaviour on demand.

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VIDEO: Contracts for Business Collaborators

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Tags: video | contract

detective_thumb[CONTRACT LAW VIDEO] A video discussion of 9 types of COLLABORATIONS formed with CONTRACTS -  (1) Co-operative, (2) Licensing, (3) Distributorship, (4) Joint Venture,  (5) Franchising, (6) Outsoursing, (7) Strategic Alliance, (8) Co-production, (9) Partnership.

The video ends with a recommendation that you consider business and management needs and only then legal needs.

 

Why register a trade mark?

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Tags: trade mark | branding

trade_mark_lock_istockIn the legal arena a trade mark is in essence a sign for the source or origin of a product (eg branded magazine) or service (eg branded publishing services). In the eyes of the law - the mark sources the trader.

All businesses have trade marks. Their legal status and ease of protection varies for reasons briefly noted here.

In common usage a "trade mark" may be a brand, logo, word or other sign. A trade mark registered in Australia gives its owner the advantage of a monopoly statutory right (ie law made by parliament) to use it in Australia. This legal monopoly right comes into force on registration without evidence of use.

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