Intellectual Property and IT Insights

09 May 2005

Welcome to the May edition of Clayton Utz Intellectual Property & IT Insights. In this edition we learn the five things executives, corporate counsel and inventors need to know about patents - the first of a series on IP law.

We'll also look at the dangers of not getting your relationship with your software developer sorted out, changes to ownership of sound recordings and performance rights, and whether a trade mark is "used" in Australia when it is presented on a foreign website, with significant implications for web commerce.

Big changes to ownership of sound recordings and performers' rights

By Francine Johnson.

Ambitious changes strongly benefit performers, recognising the value of the contribution their performance makes to a sound recording, but will they work in practice, asks Francine Johnson.

Can offering products on a foreign website infringe Australian trade marks?

By Peter Knight.

The Federal Court has explained whether a trade mark is "used" in Australia when it is presented on a foreign website, with significant implications for web commerce. Peter Knight considers what this means for trade mark owners.

Who wants to be a patentee?

By Nicholas Tyacke.

Intellectual property is often one of a company's greatest assets, but the law is often poorly understood. In the first of a series, Nicholas Tyacke explains the basic features of patent law.

Update on Madrid Protocol

By Averil Waters.

Australian trade mark owners have another avenue for obtaining protection for their brands and trade marks overseas, says Averil Waters.

You paid for it - but do you own it, and can you protect your investment?

By Peter Knight.

How do you protect your investment when you engage a contractor to carry out software development or other product design? Is an assignment of IP enough, asks Peter Knight.

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