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Business Law Articles - April 2008

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The following articles were gratefully supplied by Dilanchian Lawyers and Consultants - Intellectual Property and Innovation Professionals.

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IP Law

Improving business results

Contract Drafting Tips Series:
Restraint of Trade Clause Restraint or non-competition clauses are valuable components of many types of contracts. For example, they appear in business sale contracts and employment contracts for executives. Here is guidance on improving them and an overview of legislation, cases, and drafting tips.

Australia's first 11 in performance and valuation
Everyone dealing with contracts needs to understand performance measures. Contract drafters go further and set performance metrics, eg service levels. We review here an Australian business book providing a research-based perspective on performance improvement recommendations in three best selling US business books of the last few decades. They are In Search of Excellence (published 1982), Built to Last (published 1994) and Good to Great (published 2001).

Does your business have an effective digital media footprint?
Is reaching business elites part of your target? Research indicates digital media can help. But do you know how to measure the return on investment as you target the creation of a more effective digital media footprint? This is where the suits and the T-shirts need to communicate. On this road ponder these three graphics to consider your opportunity and obstacles in the way.

Lawyers who get social media
It seems one of Australia's biggest brand owners, Unilever Australia Limited, has use of social media on its agenda. This news arrived just as Nielsen Online indicated that in 2007 Australians for the first time began spending more time each week on the internet (13.7 hours) than watching TV (13.3 hours).

Commercialising your products

My shirt lacks legal design
In seeking to protect its logo the big end of town lost in the copyright case of The Polo/Lauren Company L.P. v Ziliani Holdings Pty Ltd [2008] FCA 49. The lesson? Build legal design into your product.

Commercialisation of IP and IT products for Australian children: trends and statistics Are you making products kids use?
What are the habits of kids aged 8 to 18 in their use of electronic media?

Why is social media such a hit?
Hugh Mackay (an Australian social commentator, marketing consultant, author and media personality) describes today's children and young adults as "kaleidoscope kids", part of a tribal generation. Is this part of the explanation for this generation's rising consumption of social media?

Is there an engineer in the house? Australia's IP future
Statistics suggest countries where engineers have enjoyed a high social and professional standing (eg India and China) are now benefiting economically. In contrast, countries where there has been a long-term fall in the numbers of engineering graduates (eg United States) are in economic decline. As Australia's 2020 ideas summit approaches we asked: Is there an engineer in the house?

How to be smart in patent search work
Patent search work has many benefits. What is less appreciated are ways to go about patent search work to increase those benefits. This post compares "hunt and peck searching" to more analytical approaches. It is inspired by a Fortune magazine slide presentation on the prehistory of contemporary social media AKA social networks or social networking (eg Myspace, Facebook, LinkedIn etc).

Learning from Xerox's trademark makeover
Our obsession with Xerox continues. This time comparing its old logo to its new logo.

IP Strategy and IP Management

Intellectual property defined
You'll improve your IP strategy if you think about your IP as a bundle of legal rights you own or control (or at least aim to own or control).

IP strategy for R&D
Keep records like Thomas Edison Except for in-house counsel, clients rarely (actually hardly ever) call us and ask for advice on document retention. They require it however after their misdeeds or those of others against them. The challenge remains: how to inspire proactive record keeping? For inspiration, consider Thomas Edison.
He was an exceptional note taker. The habit contributed to him becoming the world's most famous inventor with apparently 1,093 U.S. patents in his name.

Six good questions for building wealth with intellectual property
There's very rarely a patent, a trade mark or copyright work which on its own creates the foundation for a fortune, or even a steady income. Instead, valuable intellectual property usually involves perfecting a bundle of IP legal rights over months and years. In this process it helps to ask good questions about intellectual property.

Guest writers

Rob, Web Developer, on Domain Names
Domain hijacking: Protection of domain names requires registration of valued names in one or more domains. This article was written by Rob of justweb. It provides web development, web design and search engine optimisation services.

Paul Hence, Lawyer, on Migration
Successful partner visas overcome the 12 month rule
Six permanent residency rules for couples or partners
Medical conditions don't rule out visa applications
Want a work visa for Australia?
Special Collections
Special Collection: Retailing Law
Index for Lightbulb by date

Celebrating 200 Lightbulb Australian law blog posts
A brisk jaunt through the last 100 Lightbulb posts. A short list with best titled posts, best illustrated posts and most practical posts.

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