Law Articles October-December 2010 - Commercial Law, Trademark and Intellectual Property 2010
Law Articles - October to December 2010
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The continuing survival of WikiLeaks is a testament to the planning work carried
out for the venture. Business, social and community disruptors take note - those
currently in power don't take kindly to disruptors. WikiLeaks is a disruption
for states, diplomats and the military-industrial complex. More than ever
WikiLeaks, a not-for-profit media organisation, is under POLITICAL ATTACK by
states. Foreign policy heads of the U.S., Australia, France and Saudi Arabia
have all sent negative signals about WikiLeaks. In the information age, for
WikiLeaks and its media allies (the New York Times and a few other traditional
news publishers are paying WikiLeaks in its current "first look" payment
arrangement), information is an asset, currency and tool. It's a disruption
because for states the game is about secrecy. Foreign Minister Kevin Rudd is
quoted saying today: "The Australian government unequivocally condemns the
action by any of those responsible for the unauthorised release of classified
and confidential information and diplomatic communications between states."
Academic IP revenue rights in technology commercialisation
Monday, 22 November 2010
Years ago I had an enquiry from a former academic at a university. It was a
simple matter and the client paid for the advice. The client then instructed me
to advise on a separate matter. I found it was not possible to satisfy the
client the second time around. The background is the client had worked as an
employed academic for some time at the university researching a technology. The
client had left academia to join a start-up company commercialising the
technology first developed at the university. The client instructed me to advise
on claiming a share of commercialisation revenues which the start-up company had
paid the university.
11 variables for consultancy services agreements
Tuesday, 09 November 2010
Over many years of advising and working closely with consultants, I've perfected
how to simplify contracts for consultancy services agreement. I usually
recommend a contract in a letter agreement format. I normally title these
"Consultancy Services Agreement". They are for services a consultant will
provide to a client for a fee.
No written contract? We can help
Monday, 18 October 2010
Lawyers help clients resolve contract law disputes even when there is no written
contract. Usually the costs increase, but we have ways to reduce them. Written
contracts are great business tools. Complications arise when there is no written
contract. This usually leads to missing (and often legally critical) details.
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