England

Statistical base of Gowers Review of IP in the UK

Intellectual property ("IP") law and policy are at the center of contemporary domestic and international trade and political negotiations. There is a wide spectrum of views.

Much of it is uninformed, myopic, and biased and rarely reflective of the complex ingredients at play, including economics, statistics, history, ethics and technology.

This complexity calls for structured decision making. Because statistics can aid rational discussion, this article sets out what organisations in the UK think should be the direction for IP "reform". It considers discussion of the Gower Review of Intellectual Property.

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Armenian_tribute

Paydays, Maydays and Judgement Days

Success in business requires good decisions. Business stories are great teachers, including about business transaction and court cases.

Here are five current business stories. In each, lawyers and others have made decisions in or for a business. Those decisions helped determine outcomes, whether the story was about a payday, Mayday or favourable judgment day.

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Google_pagerank_algorithm_original

Make the Web grow your business, ask us how

I could write a book on this topic, but I won't. So instead here's six practical points supported by graphics and two sidebars. I end with a riddle to test you.

The six points apply if you have a Website, blog or other Web presence or want one. Some appeal to the Google PageRank algorithm (the original version is pictured). Apply them to reach people on fixed or mobile devices at work, home or play.

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Strategy_scale

Commercialisation strategy and business valuation multiples: 15 questions

The situations businesses find themselves in are variable and challenging. Rarely is it about joining dots. Here are 15 questions, answers to which will take a developed business to the next stage. The questions go beyond fundamentals for a start-up.

Crossing the chasm requires moving out of a start-up focus on invention and creativity. It's a move to a business focus on commercialisation and improving business valuation multiples.

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Post-t_notes

4 legal tasks to increase values or prices in business transactions

In transaction after transaction four tasks stand out as ways to significantly maximise financial returns and minimise risks.

The four task headings will fit on one Post-it Note. They stand out as ways to increase values or sale prices in  numerous types of business deals. They are points of distinction for our clients who have done particularly well in business and asset sale transactions.

The four tasks are based on our experience in hundreds of technology commercialisation, business sale, and intellectual property licensing transactions.

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Post-t_notes

4 legal tasks to increase values or prices in business transactions

In transaction after transaction four tasks stand out as ways to significantly maximise financial returns and minimise risks.

The four task headings will fit on one Post-it Note. They stand out as ways to increase values or sale prices in  numerous types of business deals. They are points of distinction for our clients who have done particularly well in business and asset sale transactions.

The four tasks are based on our experience in hundreds of technology commercialisation, business sale, and intellectual property licensing transactions.

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Online_advertising

Internet video advertising statistics and law

Recent research shows that more than a third of Australian internet users stream and download video content.

Now internet video advertising is centre stage, just as TV advertising faces ever-increasing challenges and the traditional print newspaper business goes from bad to worse.

We can now quote public statistics on the extraordinary uptake of internet video or online video.

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Contract_lock

Priceless contract law advice

Cost of your litigation filing fee to recover money due under your contract: $73.

Cost of the appeal because you contracted and sued the wrong party: $9,000.

Cost of your lost time as a business manager in all your mess: $5,000.

Cost of identifying the contracting parties correctly in the first place: Priceless.

Avoid litigation costs. Read and bookmark this article and use experienced contract lawyers. This article overviews how to identify, search and check parties to a contract.  To be reminded of the need, read the famous "Party of the first part" contract scene in A Night at the Opera (1935) by the Marx Brothers and watch the "Who's on First " comedy skit from the 1940s by Abbott & Costello.

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Contract_pen

How to negotiate and contract like a professional

Do you need a simple, quick and practical guide for negotiation of a commercial deal, contract, arrangement or understanding?

Then you need to understand the deal making process. This post links to two tools to guide you - a slide presentation and an informational brochure.

Deal making is a process you should go through before preparing a legally binding contract. The same is the case for commercial arrangements and understandings. Put deal making first and you'll benefit and save time, hassles, money, days in court.

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Monopoly

42 Hints to Secure a Great Trade Mark Monopoly

Here are 42 basic tips to help you avoid 90% of common problems and pitfalls in trade mark registration, use and management.

If you Google “the answer to life, the universe, and everything” (without the quotes), the Google calculator produces the answer “42”. It’s a cheeky reference to Douglas Adams’ Hitchhiker’s Guide to the Galaxy series.

In light of this, 42 is a particularly good number for a list of hints to secure a great trade mark monopoly. As with such general rules and guidelines, they are not necessarily universal in their application to every situation. So whilst the list might not be the answer to “life, the universe and everything”, following the tips will help you avoid 90% of common problems and pitfalls in trade mark registration, use and management.

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Spam_mobile

Spam fines in Australia and legal compliance FAQ

This month the Australian Communications and Media Authority (ACMA) added to its list of major businesses fined for spam. The fines were for SMS spam by direct marketers.

The ACMA calculates that SMS spam (photo credit: Big Mouth Media) now accounts for 20% of all complaints to it. The increase is confirmed by the Telecommunications Industry Ombudsman.

The ACMA took action against the Pitch Entertainment Group, trading as Splash Media. The ACMA's press release states that Pitch sent over one million commercial SMS messages to mobile phones without a functional unsubscribe facility.

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Coffee_victory

Starbucks settles coffee trade mark law dispute

In Coffee brand values we assessed coffee economics and trade marks. It was triggered by a dispute between Starbucks and Ethiopia. The dispute is now resolved. Ethiopia's IP licensing strategy is in full swing.

The background is that In 2005, with assistance from Light Years IP, Ethiopia filed trade mark applications.

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Colourtm

Trade Marks in the World of Tomorrow

Registered trade marks for colours and sounds are increasingly common as the world races towards more and more use of multimedia and digital technology. This post reviews recent colour and sound trade mark law cases in Australia involving Cadbury, BP, and Nokia.

Most people think of trade marks as simply words and/or logos. Whilst this may be the practical reality for many organisations and businesses, the scope of the Trade Marks Act 1995 (Cth) in Australia extends beyond this into other dimensions.

These dimensions are the future and the future is here. We continue to move towards greater use of multimedia and digital technology where sounds and colour are of ever-increasing importance in marketing goods and services.

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Hitwiselogo

Data visualisation and legal knowledge management

Hitwise, an Australian Web traffic monitoring enterprise backed by Australian and United States venture capital, was sold in April 2007 for A$286 million. This post looks at some of the reasons why Hitwise become so valuable to its customers and buyer.

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Ebay_au

E-commerce Gypsies, Tramps and Thieves

 Like all markets, the internet has attracted a range of characters including businesses, auction houses like eBay, rougues, pirates and thieves. This post reviews various court cases involving these characters, ending with the extradition to America of an Australian for breach of copyright law.

I have great respect for gypsies, even tramps and on the rare occasion thieves. I expect this sentiment is shared by many Australians with a convict heritage. It may also be shared by the daughter of a refugee father, Cher (nee Cheryl Sarkisian LaPiere) who had a number 1 hit in 1971 with "Gypsies, Tramps and Thieves ".

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