News, opinions and advice on managing business systems and people.
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 on boards to perform and greater personal liability imposed on directors. Going forward, there will continue to be a number of difficult issues confronting corporate Australia that will need to…
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 venture, and/or collaborative development relationship, it is inevitable that the intellectual property owner will need to manage requests/contractual requirements to have their core intellectual property escrowed in a foreign country…
Achieving your first sale can literally make or break a start-up. Many investors will delay committing significant funds until you can identify a customer prepared to pay real money for your product. It is often at this point that many start-ups fail: not because their product is not up to scratch, but because they run…
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 by the diminishing correlation between market value and net asset value. The gap or ‘hidden value’ resides in the intangible assets of the organisation, which, until recently, remained largely unidentified and…
Innovation Patents were introduced in Australia in May 2001 in response to demand, largely from SMEs, for a type of intellectual property that would protect lower level inventions that don’t ordinarily satisfy the requirements for a Standard Patent. An obstacle for many companies trying to obtain a Standard Patent is that they must show an…
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 quantifying the remuneration payable to the inventor. Whether the payment is by way of a lump sum, staged fixed payments, or a royalty, or any combination of them, there is…
Venture capital financing is a complex transaction and involves significant commercial risks for all parties. Many founders simply sign the term sheet presented to them by a venture capital fund without fully understanding the impact of provisions such as price ratchets, participating liquidation preferences, redemption rights, lock-ins, drag-alongs and put options. It is critical to…
Intellectual asset management (IAM) is the catch cry of 21st century innovators. Innovation is no longer reactive to market forces; it is a proactive force integral to the business strategy of a technology-based business, and at the core of effective IAM. Do you proactively manage the intellectual assets of your company? The critical first step…
The Spam Act became law on 12 December 2003 with a proviso that its penalty provisions would come into effect 120 days later – 11 April 2004. Email marketing is a powerful tool for a business of any size. What impact the Spam Act will have on Australian companies is anyone’s guess. Nicholas Blackmore, Corrs…
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 their homework, exploring new ways to profit and adjusting their plans to suit. In the area of Intellectual Property (IP), systems are similar, but the rules do vary. Differing interpretations of…
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 ticket to success, writes Rob McInnes. For any innovative company looking to take advantage of an IPO window in the next few years, or indeed for any high-technology enterprise looking to…
Business people love to use jargon, but what exactly does it mean to do a “flip-up”? Not to be confused with “two-up”, our national game of chance, it refers to the migration of a company’s corporate structure to a foreign jurisdiction. This new game is more complex, and less likely to instill feelings of patriotism….
So the blood, sweat and tears of the last five years has finally paid off and you have developed the next big thing. You have put together a business plan and begun speaking to venture capitalists. But while they appear interested in the technology and business, they have reservations. How could this be? Marcus Best…
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