Business Law Articles - Commercial Law, Trademark and Intellectual Property January 2010
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Law Articles - January 2010

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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

How to make people and their products celebrities

How does puffery about Sarah Palin become valuable airspace? How are Palin and Poh Ling Yeow linked by their desire for media presence?

Consider what process may have occurred that caused Australians to collectively recognise “Po” as a reference to a TV chef and not a Teletubbie, and the potential commercial value of that shift.

We have often written about the use of law to make and keep products and people celebrities. It’s the story of how to identify, build and own a trend.

Number of publishers blocking Google spiders

"If you follow the media-versus-Google meme, you know this instinctively. But here are some numbers that spell it out: Of the 25,000-plus sources cataloged by Google News, 'less than 100' have opted out of the index, says Google’s Josh Cohen, who runs the [Google News] service."

Source: Peter Kafka, A Very Short List: Publishers That Have Actually Told Google to Take a Hike, All Things Digital (section of The Wall Street Journal), 21 December 2009.

Working for free is bad for business

You have to give to get. This is a great principle to follow when preparing a proposal for a client or negotiating a deal. But there should be limits on how much is given free-of-charge. The interesting point is how and why this is so.

Service providers such as IT developers and consultants are selling intangible services. Often they have to give quite a lot free-of-charge before being paid back or winning a legally binding contract.

Training courseware intellectual property protection

To earn and secure revenues from intellectual property licensing, providers of training or training courseware are well advised to apply available legal solutions with rigour.

This is easily done, it is neither expensive nor complex. However, implementation of the solutions requires specialist knowledge that is not commonplace.

Because of that reality it is commonplace for training organisations to poorly protect their intellectual property.

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