Law Articles October-December 2010 - Commercial Law, Trademark and Intellectual Property 2010
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Law Articles - October to December 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

Plan for disruption, WikiLeaks did

Sunday, 05 December 2010

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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