Tag: Legal
IP litigation
You might be feeling pretty good about yourself because you've secured your intellectual property. But the reality is, a patent or trademark is not...
Counterfeiting – a global problem
Counterfeiting is rife in Australia and many people who would consider themselves law-abiding are involved.
We're not talking counterfeit currency here, but the manufacturing, importation...
Intellectual property
If you're like most people, you've probably already had that world-changing idea, but never acted on it. If your company is like most others,...
Legal: Getting your business IPO ready
A thorough legal clean up of the company several months in advance of going to market removes the risk of having your dirty laundry...
Legal: Business method patents
One of the great misconceptions about patents is that they can only be obtained on an invention of a tangible item. However, patents can also be obtained for how a business function is performed, provided certain criteria are met. These patents are known as "business method patents".
Google wants you to stop Googling
As anyone who has passed within earshot of me over the last few years knows, I'm a Googleophile. Of course, this hardly makes me Robinson Crusoe. Millions of people around the globe believe Google is more than merely a hyper-successful technology company; it is a force for human advancement.
Patently Aggressive
Your IP is registered, but that’s no guarantee your livelihood is safe from harm. Without enforcement, those patent and trademark certificates aren’t worth the...
Copy to China
There is a time-honoured business model in China known as "Copy To China" - find a product or service or business model that works in the US or elsewhere and replicate it in China. In the technology industry this is exemplified by ChinaHR.com Holdings Ltd building a Monster look-alike and then selling 40 percent off to Monster Worldwide, Inc. for US$50m or Joyo.com Ltd replicating Amazon and then selling it to Amazon for US$75m. The same model is popular in many other markets, particularly Australia. Seek has had great success emulating Monster.
Legal: Great brands – treat them right
So, you've selected a great brand and have started to build consumer awareness and loyalty in it. And, of course, you've done the right thing to protect your rights in the brand by registering it with IP Australia. Your work is finished. Right?
Handout mentality
I just don't get the handout mentality. A friend of mine is doing his Doctorate. His research institution and the university will own any IP generated, and he is immensely grateful for the modest stipend that he is surviving on throughout this process.
Legal: AIFRS and its impact on managers
Director responsibility to maximise value especially with the advent of AIFRS
In the wake of several recent corporate failures and scandals there is unprecedented scrutiny...
Escrowing your intellectual property overseas
Offshore intellectual property transactions, generally, include an element of escrowing.
Whether an intellectual property owner is involved in a licensing, franchise, reseller, distribution, partnership, joint...
Intellectual capital – the hidden assets of your business
The past 20 years has seen increased recognition of the role that intangible assets play in contributing to a company’s value. This is demonstrated...
Quicker, cheaper and easier patent protection
Innovation Patents were introduced in Australia in May 2001 in response to demand, largely from SMEs, for a type of intellectual property that would...
Licensing
Remuneration and the inventor
Whenever a party intends to commercially exploit technology invented by another party, the question arises as to the proper method of...
Legal: Talking term sheets
Venture capital financing is a complex transaction and involves significant commercial risks for all parties. Many founders simply sign the term sheet presented to...
Legal: Getting strategic with your intellectual assets
Intellectual asset management (IAM) is the catch cry of 21st century innovators. Innovation is no longer reactive to market forces; it is a proactive...
Legal: Spam – not in a can
The Spam Act became law on 12 December 2003 with a proviso that its penalty provisions would come into effect 120 days later -...
Exporting IP… trader beware
The US-Australia Free Trade agreement has got everyone talking. Like it or loathe it, smart companies are reading the fine print. They are doing...
Putting the IP in your IPO
In the rollercoaster ride of potentially lucrative, but often disappointing, technology IPOs and private equity investments, a well-managed intellectual property portfolio could be your...