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Free letter of demand template

It 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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IT commercialisation hints

Today I advised a new client via email on IT commercialisation for a software program. The client is an individual and his core business is not software development. His program is useful for management of technology used in the live events sector, eg theatre and concerts.

Here's my email reply to him focusing on practical considerations for making money from software or IT commercialisation. I've extracted confidential information and added a bit more information to clarify the circumstances.

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Practical Rap: Entrepreneurship elevator speech

Welcome to this rap on entrepreneurship. Entrepreneurship brings to life an idea or an opportunity, whether it is founded on intellectual property, a product or process innovation. New business ideas are born all the time, it seems especially so in an economic downturn.

This is a three minute elevator speech on entrepreneurship. It records my take gained as a specialist over 25 years in intellectual property, the law for innovations.

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Practical Rap: Forming a business partnership agreement

Listen in as we meet with a client who has requested that we assist in forming a business partnership. Our instructions are to prepare a contract, form a venture company and provide or obtain tax advice for the venture.

Preparing a business partnership (we'll use our broader term, "collaboration") is complex, challenging and rewarding work.

We'll open the meeting by responding that rather than focusing on any particular type or species of contract it is best to discuss the plans for the venture and practical considerations. The client smiles and replies: "That's why I'm here Noric, I want your advice." If you're still reading, remember this is not legal advice to you too, for that you too have to call me!

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Lawyers blocking social media is not a policy

Legal problems have arisen since the begining of publishing from ill-considered publications, statements and comments. Unsurprisingly nowadays email comments and advertising statements frequently raise legal issues. However, the crowd noise is now all about social media.

There's been a debate brewing on whether employees, especially during work time or in association with their employer's activity, should be allowed to use social media or should be blocked from using it.

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E-commerce contracts and revenues

What are the revenues of carsales.com.au? We'll answer that and then turn to an anecdotal story on the continuing shift online of buyers and sellers even for expensive products.

The conclusion we'll reach is that the trend stands on a foundation of law in Australia which enforces online contracts, including online auction contracts.

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8 legal tips for e-commerce and websites

E-business, e-commerce and websites are modern magic, including for the bottom line of many businesses.

As you spin your online magic (see photo), ensure your online presence is grounded in law.

The sage advice of the Australian eBusiness Guide (CCH, 2nd Ed.) is: “the pace of change is now so great that all businesses must constantly monitor their activities and their business models, and those of their competitors, to ensure that they do not get left behind”. The same applies to law for e-commerce and e-business. To avoid getting left behind move forward with confidence based on solid legal foundations.

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Futuristic_landscape_istock

8 legal tips for e-commerce and websites

E-business, e-commerce and websites are modern magic, including for the bottom line of many businesses.

As you spin your online magic (see photo), ensure your online presence is grounded in law.

The sage advice of the Australian eBusiness Guide (CCH, 2nd Ed.) is: “the pace of change is now so great that all businesses must constantly monitor their activities and their business models, and those of their competitors, to ensure that they do not get left behind”. The same applies to law for e-commerce and e-business. To avoid getting left behind move forward with confidence based on solid legal foundations.

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Regulations framework for e-commerce pharmaceuticals

What is the law in Australia for selling Viagra or Cialis online? Many internet sites now offer customers the opportunity to purchase these and other pharmaceuticals online - usually at a considerable discount compared to prices quoted by off-line retail pharmacies in shopping strips and shopping malls.

E-commerce businesses offering pharmaceuticals from online shopping sites with Australian domain names or that operate within Australia, and who are not pharmacies themselves, need to be mindful of the complex and somewhat grey law governing the online marketing, advertising and sale of pharmaceuticals in Australia.

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Open source software as a business strategy

This article is a background story to a common mantra today about how giving something away for free on the internet can be a very effective business model. This is a technology commercialisation case study worth knowing. It has inspired millions of technologists and us as open source software law specialists.

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Entrepreneurship defined in a Q&A

Entrepreneurship is serious business. Failure can have major consequences.

Just like survivors of civil wars and family divorces, survivors of failed entrepreneurial ventures or collaborations rarely forget the past, and in the worst cases, are permanently scarred.

The risk of failure can be avoided or at least minimised. This article sets out 10 questions and answers to light the way.

1. What is entrepreneurship?

We define entrepreneurship as:

"a process which treats the factors of production (land, labour, capital and knowledge) to produce new businesses, goods and services".

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Business law versus business process and competency

One of the key contemporary challenges for entrepreneurs and entrepreneurial ventures remains this: that without proper businesss processes and business competencies, opportunities disappear.

Informed commentators often note that the level of competition in markets has led to an emphasis, especially in recent decades, on competition at a deeper level than just products and services.

The deeper level is competition created by innovation in business process and business competency. It's part of improving productivity by working smarter, not harder.

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6 practical IP principles

Here are 6  principles you won't find discussed in any academic book on intellectual property (IP law). Legal culture tends not to promote practical IP advice in Australia. For Lightbulb that's an inspiration and an opportunity.

This IP law blog has always been on a mission to discover and promote know-how rather than theory about IP. Our mission is to distill know-how from what we read and learn as IP lawyers and consultants in projects for clients.

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Blue_haze_4

6 practical IP principles

Here are 6  principles you won't find discussed in any academic book on intellectual property (IP law). Legal culture tends not to promote practical IP advice in Australia. For Lightbulb that's an inspiration and an opportunity.

This IP law blog has always been on a mission to discover and promote know-how rather than theory about IP. Our mission is to distill know-how from what we read and learn as IP lawyers and consultants in projects for clients.

Read more

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Heads of agreement simplified

With this post I'm taking the risk of being accused of using child labour. I plead guilty.

I am a great believer in simplification. A way to simplify is to give the job to a junior. I did that this month with a high school work experience student in my law firm. She watched me draft a heads of agreement.

My job was to draft a contract. Two financial services industry companies wished to collaborate more closely. They were cross-referring clients and projects and sharing commissions.

Her job was to simplify. Here is the student's list of key points she learned, with only light editing by me. She simplified complexity, something we aspire to in our law firm.

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