www.computerlaw.com.au

aas

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Australian Address for Service If you or your clients need an address for service in Australia for patent, design, trade mark, or plant breeder’s rights application, we can assist. White SW Computer Law has provided address for service facilities for Australian and overseas clients, law firms and patent attorneys and trade mark attorneys since 1994.

aavisis

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Restraint of Trade & Injunctions When parties are in a dispute, before their matter is heard by the court at trial, it is possible for an application to be made to the court to prevent one or more parties from doing or continuing to do something that may be worsening the damages being suffered by another party to the dispute.

act

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Commercial Litigation Legislation (ACT) * Magistrates Court Act 1930 (Act) * Supreme Court Act 1933 (Act)

adra

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RESOLVING DOMAIN NAME DISPUTES IN AUSTRALIA - A BRIEF OVERVIEW OF THE auDRP & A CASE STUDY Introduction In Australia, asn.au, com.au, edu.au, id.au, net.au and org.au domain names are licensed subject to the .au Dispute Resolution Policy (“auDRP”

advice

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Our advice services We provide a range of practical advice based on 20 years experience of solving our client's problems. Our commercial objectives are: Opportunity/ProblemObjectivesCommercial DealClose the transaction as soon as possible for the best commercial outcome.

agreements

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Agreements Our firm frequently reviews and provides the following agreements * Cloud Agreements * Intellectual Property Agreements (copyright, patent, design, confidential information) including: * licenses; * assignments; and * transfers * Software Agreements including

arbmed

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Alternative Dispute Resolution What is Arbitration? Arbitration is a formal dispute resolution process, which is governed by legislation. Arbitration is more flexible than litigation in that the processes followed can be tailored to the dispute, based on the size and complexity of the dispute.

australia_links

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Australian Links ACT Office of Fair Trading

australian_links

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Australian Links A * ACT Office of Fair Trading * Agenda for New Manufacturing * Australian Computer Society * AusIndustry * Austrade * Australian Advisory Council on Intellectual Property * Australian Broadcasting Authority - Australia's radio, television and internet regulator * Australian Communications and Media Authority * Australian Copyright Council * Australian Federal Government * Australian Government Attorney-General's Department - eNews on Copyright - Current …

australshipsclaims

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Austral Ship Claims 1. A hull for multi-hull seagoing vessels capable of speeds greater than 30 knots (1.1) , wherein: in the case of the sternward half of the hull, located between the stern and midships of the hull, the vertical distance from the hull base line to the volumetric centre-of-gravity of that part of the respective half of the hull below a water line corresponding to a normally occurring hull draft is greater than 55% of the normally occurring draft (1.2);

austswlic

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AUSTRALIAN SOFTWARE LICENSING ISSUES Steve White, Principal - White SW Computer Law Trade between the US and Australia is ever increasing and with the spread of commerce to the Internet there are interesting issues which will arise with respect to software licensing and other intellectual property rights. If your clients propose to licence Intellectual Property in Australia then this article should highlight some risks and some substantial differences between Australia and the USA.

banking_and_finance_legislation

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Banking and Finance Legislation * Personal Property Securities Register * Personal Property Securities Act 2008 (Cth) Background and Key Concepts

bbe

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BUGS BREAKDOWNS & ERRORS - LEGAL PROTECTION FOR YOUR ORGANISATION IN THE EVENT OF A TECHNOLOGY DISASTER Steve White, Principal - White SW Computer Law This paper is a brief overview of some of the legal and practical issues that should be considered when planning to avert or recovering from an information technology disaster. It is not proposed to cover electronic service providers which are covered later in the conference.

bestpracslic

2017-07-30T08:02:45+00:00

BEST PRACTICE IN MASS MARKET SOFTWARE LICENSING Steve White, Principal - White SW Computer Law Software distribution via the Internet is becoming more common as e-commerce expands globally. Suppliers are able to cut out the middleman and consumers are able to access the most up to date version of the software at the time of purchase. It sounds like all parties should be pleased with this form of distribution, but have they considered whether the

bmeth

2017-07-30T08:02:45+00:00

Patentability of Business Methods in Australia, Europe and the United States Steve White, Principal - White SW Computer Law Patentability of business methods in Australia Current Patent Office practice The Patent Manual of Practice & Procedures outlines the current Patent Office practice regarding business methods

breach_of_confidence

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Breach of Confidence * Commonwealth v John Fairfax & Sons Ltd ("Defence Papers case") * ABC v Lenah Game Meats Pty Ltd

brochures

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Brochures The following electronic brochures provide information about our services and solutions to some of the problems you may facing. * Alternative Dispute Resolution * Confidential Information * Defective Software * Domain Names * Email & Internet * Employment Contracts * Escrow Agreements & Services * Information Technology Copyright * Multimedia Issues * Privacy Laws * Software Licensing Agreements * Trade marks * Trade Practices Act * What is Intellectual Pr…

bullet

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case_links

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Case Links * * * Interesting Cases (Alphabetical) A B C D E F G H I J K L M N O P Q R S T U V W X Y Z A A2B Telecommunications Pty Ltd v Hinkley & Anor * Redrock case A & A Records Inc and Ors v Internet Site known as Fresh Kutz and Anor * Best Practice in Mass Market Software Licensing (1999) * Best Practice in Mass Market Software Licensing (1998) * Legal Implications of E-Commerce *…

censorship

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Censorship Legislation * Broadcasting Services Act 1992 (Cth) * Broadcasting Services (Digital Television Standards) Regulations 2000 * Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 (Cth) * Classification (Publications, Films and Computer Games) Regulations 2005 * Classification (Publications, Films And Computer Games) (Enforcement) Act 1995 (Vic) Cases * June 2, 1988 - Attorney-General (UK) v Heinemann Publishers Australia Pty Ltd ("Spycatcher…

cinfo

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Confidential Information Common Questions and Answers What is Confidential Information? An obligation to keep information confidential does not arise solely from the nature of the subject material but also from the method of disclosure. What protection do I have?

circuit_layouts

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Circuit Layout Legislation * Circuits Layouts Act (Cth) 1992 * s25, Use for purposes of defence or security * Circuit Layout Regulations 1990 Circuit Layout Cases * December 2, 1991 - Re Avel Pty Limited; Capcom Co Limited and Tad Corporation Limited v Jonathan Wells [1991] FCA 59

claims

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Claims * Passing Off * Breach of Confidence * Defamation

classaction

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INTERNET BASED CLASS ACTIONS Steve White, Principal - White SW Computer Law 1. INTRODUCTION Class actions have the potential to: * Make it economic for small claims to be litigated and thereby increase access to justice; * Assist in the efficient allocation of legal resources.

clients

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Who are our clients? Our clients are: * intellectual property, information technology and telecommunications businesses * intellectual property, information technology and telecommunications professionals; and * businesses and governments departments who use intellectual property, information technology and telecommunication resources.

commercial_law

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Commercial Law * IP Australia Business Name Check - See if your business or company name potentially infringes a registered trade mark

commerciallitigationlegislation

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Commercial Litigation Legislation Commonwealth * Corporations Act * s232 Grounds for Court order (oppression) * s233 Orders the Court can make * s267 Charges in favour of certain persons void in certain cases * s257A The company's power to buy back its own shares * s420 Powers of receiver * s420A Controller's duty of care in exercising power of sale * s477 Powers of liquidator * s588G Director's duty to prevent insolvent trading by company * Crimes Document Destru…

competitors

2017-07-30T08:02:47+00:00

DEVELOPING SIMILAR PROGRAMS FOR COMPETITORS Steve White, Principal - White SW Computer Law Whether or not a software developer is free to develop a software program for a client that is similar to a program which was previously developed by them for another client is determined by issues such as (a) the contractual obligations owed to the original client, (b) who is the copyright owner of the source code (including library code) and

contract

2017-07-30T08:02:47+00:00

Contract Negotiations on the run Steve White, November 1996 Introduction A project suddenly takes off and you needed to finalise your contractual arrangements last month. What can you do? How can you best protect your position? In this paper, we will examine the essential elements of a contract and the options available to the parties to provide a legal framework so that the project can be successfully completed on schedule.

contractor2

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TRAPS FOR CONTRACTORS Steve White, Principal - White SW Computer Law The move towards contracting in the Information Technology industry has given IT professionals far greater input as to the terms and conditions of engagement, but many people do not make the most of that bargaining power and agree to sign agreements drafted to protect the interests of the employer. Being a contractor is fundamentally different to being an employee. Contractors are more likely to be sued but have greater flexi…

contractors

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LEGAL ISSUES FOR CONTRACTORS Steve White, Principal - White SW Computer Law INTRODUCTION Being a contractor is fundamentally different to being an employee. The fact that you are a contractor has intellectual property ownership, tax and superannuation consequences and increases the possibility of claims against you for negligence and contractual breach. From an employer viewpoint the contract relationship offers risk sharing, tax relief and the need for greater intellectual property understan…

contracts

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Executing (signing) contracts When you execute (sign) a contract on behalf of a company, it is important that it is done properly so that you and others can rely on the contract being properly executed. If you intend to execute the agreement by the fixing of your company's common seal to the document, the seal must be fixed and witnessed by:

contractsummary

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Contracts * (Elements) Contracts on the Run * (Interpretation) Pacific Carriers Ltd v BNP Paribas [2004] HCA 35 * It is not the subjective beliefs or understandings of the parties about their rights and liabilities that govern their contractual relations. * What matters is what each party by words and conduct would have led a reasonable person in the position of the other party to believe.

contractual_interpretation

2017-07-30T08:02:48+00:00

Contractual Interpretation * Codelfa Construction Pty Ltd v State Rail Authority of NSW, Mason J * (The law does not) take into account the actual intentions of the parties * for the very good reason that an investigation of those matters would not only be time consuming * but it would also be unrewarding as it would tend to give too much weight to these factors at the expense of the actual language of the written contract.

copyit

2017-07-30T08:02:49+00:00

Information Technology Copyright Issues - Common questions and answers Copyright is protected in Australia by the Copyright Act 1968 (Cth). That act, defines amongst other things, what may give rise to copyright, what is considered to be an infringement of copyright and the duration of copyright.

copyleft

2017-07-30T08:02:49+00:00

COPYLEFT: A REVOLUTION IN SOFTWARE LICENSING WHICH BRINGS YOU GNU/LINUX! Steve White, Principal - White SW Computer Law In Australia, copyright protection arises as soon as an original copyright work is created. The copyright laws dictate who the copyright owner is and how long the protection lasts. Copyleft is a form of licensing by which the copyright owner may waive their rights and allow other people to share and make further amendments to the work. The concept of Copyleft is used particul…

copyright

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[2014] FCA 321

corptort

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INTELLECTUAL PROPERTY INFRINGEMENTS & RELATED TORTS IN COMPUTER SOFTWARE, ELECTRONIC DATA & TRADE MARKS Steve White, Principal - White SW Computer Law 1. INTRODUCTION Tort has been used for many centuries to protect the person and personal interests in property. Financial, economic and trading interests have more recently been brought within the realm of tort, which continues to develop, albeit with a degree of contention.

crart

2017-07-30T08:02:49+00:00

COMPANY DIRECTORS AND COPYRIGHT INFRINGEMENTS Steve White, Principal - White SW Computer Law If a company is found to have infringed the copyright owned by another party the directors of that company may be found personally liable for such infringements by authorising or procuring such conduct by or on behalf of the company.

criminallegislation

2017-07-30T08:02:49+00:00

Criminal Legislation News 2011 * April 1, 2011 - Australia's Accession to the Cybercrime Convention: Is the Convention Still Relevant in Combating Cybercrime in the Era of Botnets and Obfuscation Crime Tools?

customer

2017-07-30T08:02:49+00:00

INFORMATION TECHNOLOGY PROJECTS FOR CUSTOMERS Steve White, Principal - White SW Computer Law As a customer planning for and implementing an information technology project, there are a number of issues, which should be considered and implemented to ensure that the project is successfully completed.

damages

2017-07-30T08:02:49+00:00

Damages * Damages are calculated on different basis depending on the breach and the claim in suit. Interesting Cases * Hadley v Blaxendale * first limb * Where two parties have made a contract which one of them has broken, * the damages which the other party ought to receive in respect of such breach of contract should be

defamation

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[2013] EWHC 1342 (QB)

defamationacts

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Australia Defamation Acts The relevant defamation legislation in Australia is: * Defamation Act 2005 (NSW) * Defamation Act 2005 (Vic) * Defamation Act 2005 (Qld) * Defamation Act 2005 (SA) * Defamation Act 2005 (WA) * Defamation Act 2005 (Tas) * Civil Laws (Wrongs) Act 2002 * Defamation Act (NT)

defsof

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The importance of a requirements analysis The Supreme Court of New South Wales has examined a case in which a customer was dissatisfied with the installation of an inventory control computer software and hardware solution. The customer, A had contracted B to install a new system for the use in a vehicle distributorship, but claimed the new system was unsuitable and wanted to be reimbursed for its replacement. B had also commenced legal action to recover its fees - this had occurred before A mad…

defsw

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DEFECTIVE SOFTWARE Who is to blame? When a bug, breakdown or error occurs any person suffering loss and damage will be looking for the reasons why or how the fault occurred and compensation from the supplier. Well drafted contractual documentation and a comprehensive record of all negotiations will be of great assistance if the blame for an incident is placed on you.

design

2017-07-30T08:02:50+00:00

Design Cases * Samsung Electronics (UK) Ltd v Apple Inc Design Legislation * Designs Act 2003 (Cth) * s96, Use of design by the Commonwealth or a State * Designs Regulations 2004

developmentcontract

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SOFTWARE DEVELOPMENT CONTRACTS Steve White, Principal - White SW Computer Law WHAT POINTS SHOULD BE COVERED IN YOUR AGREEMENT? * Full name, [registered] address, telephone number, facsimile number and ACN (if applicable) of supplier and customer

digitalevidence

2017-07-30T08:02:50+00:00

PRACTICAL ISSUES WITH DIGITAL EVIDENCE IN CRIMINAL CASES KEY POINTS Steve White, Principal - White SW Computer Law * Cases * Microwave Safety Systems v Commissioner for Fair Trading, Department of Commence * SEARCH WARRANT – validity – whether investigator had belief on reasonable grounds that there was evidence of a breach of a provision of the Fair Trading Act 1987 – facts material to decision to issue or to decline to issue warrant – whether disclosure in application for warrant o…

discovery

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Discovery of Electronic Documents Steve White, March 2001 Introduction Discovery involving electronic documents such as email or software source code poses many issues that do not arise as commonly with traditional paper documents. These issues include: *

discovery06

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Nuts and Bolts of Electronic Discovery Steve White & Sarah Pike, October 2006 Introduction Discovery involving electronic documents such as email or software source code poses many issues that do not arise often with traditional paper documents. These issues include:

discovery2

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DISCOVERY OF ELECTRONIC DOCUMENTS Steve White, Principal - White SW Computer Law INTRODUCTION Discovery involving electronic documents such as email or software source code poses many issues that do not arise as commonly with traditional paper documents.

dname

2017-07-30T08:02:51+00:00

DOMAIN NAMES Who is allowed to register a Domain Name? Each country that allocates domain names will have its own rules about who may register a domain name. In Australia, to register most “.com.au” domain names, you must have a registered business name or a company name that includes the words used in the domain name. The

domainname

2017-07-30T08:02:51+00:00

TIME FOR A NEW DOMAIN NAME? Steve White, Principal - White SW Computer Law If your personal or professional relationship has ended, one of the last things you will probably be thinking about is your website, but as the Federal Court recently decided, this is an issue that should not be forgotten.

domainnamedispute

2017-07-30T08:02:51+00:00

White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter Resolving Domain Name Disputes What do Venus and Serena Williams, Julia Roberts, Madonna and Louis Vuitton Malletier have in common. They have used an effective domain name resolution policy to their advantage. Have you?

down

2017-07-30T08:02:51+00:00

LIABILITY FOR DEFECTIVE HARDWARE AND SOFTWARE Steve White, Principal - White SW Computer Law Were you one of the lucky ones who managed to place your bet at the TAB for the 1996 Melbourne Cup? There is little doubt that the paper based book makers at the track were too busy to consider the fate of the software developer, network administrator and the hardware supplier involved. Did you?

ecomm

2017-07-30T08:02:51+00:00

LEGAL IMPLICATIONS OF E-COMMERCE Steve White, Principal - White SW Computer Law 1. GENERAL OVERVIEW The global marketplace offered by E-Commerce imposes several issues including the choice of legal jurisdiction and the increased probability of intellectual property infringement. Other issues to consider include:

ediscovery

2017-07-30T08:02:52+00:00

Discovery * What is discovery? Discovery Legislation * CM 6 - Pre-Discovery Conference Checklist Discovery Articles * March 4, 2011 - Armies of Expensive Lawyers, Replaced by Cheaper Software * October 2006 - Nuts and Bolts of Electronic Discovery * March, 2001 - Discovery of Electronic Documents Electronic Discovery Cases * Integrated Medical Technology Pty Ltd and Anor v. Gilbert and Ors * Wartsila Ship Design Singapore Pte Ltd v Liu Jiachun and others * Jarra Creek Ce…

emailcontracts

2017-07-30T08:02:52+00:00

White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter Getting on with business electronically Just as with other forms of communication, even speech, a contract may be formed without a written document being signed by the parties involved. This presents particular problems for employers, who may find themselves bound unintentionally by a contract arising out of email correspondence.

emli

2017-07-30T08:02:52+00:00

EMPLOYEE LIABILITY Steve White, Principal - White SW Computer Law It is not uncommon for an employer to be found liable for the acts of its employees, but in the matter Houghton v Arms, the High Court, on appeal from the Federal Court, considered whether an employee could be found liable, in addition to their employer, for misleading or deceptive statements made in the course of their employment.

empip

2017-07-30T08:02:52+00:00

Employees & Intellectual Property An interesting case was recently decided by the Victorian Supreme Court, which involved a complex dispute about, amongst other things, the ownership of intellectual property in software library code developed by an employee.

employ

2017-07-30T08:02:52+00:00

Employment Agreements Even though there may be nothing in writing, there is an employment contract that exists between every employer and employee. Every employee has a fiduciary duty to their employer. * The general laws of contract apply. The following must occur for the contract to be deemed to have been accepted.

employee

2017-07-30T08:02:52+00:00

Employment Cases * Commonwealth Bank of Australia v Barker * Volunteer Eco Students Abroad Pty Limited v Reach Out Volunteers Pty Limited * Ecolab Pty Ltd v Klen International Pty Ltd & Ors * On Call Interpreters and Translators Agency Pty Ltd v Cmr of Taxation No.3

employment

2017-07-30T08:02:52+00:00

Employment * Employment Agreements * Employment Cases * Employment Legislation * Ex-employees and Confidential Information * Employees & Intellectual Property

employmentlegislation

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Employment Legislation * Workplace Privacy Act 2011 (ACT) * Workplace Surveillance Act 2005 (NSW) * The Fair Work Act 2009 (Cth) * The Long Service Leave Act 1976 (ACT); * The Long Service Leave Act 1955 (NSW); * The Long Service Leave Act (NT); * The Industrial Relations Act 1999 (Qld) Act (NT); * The Long Service Leave Act 1992 (Vic); * The Long Service Leave Act 1987 (SA); * The Long Service Leave Act 1976 (Tas); * The Long Service Leave Act 1958 (WA). NSW (Unfair Dism…

escrow

2017-07-30T08:02:53+00:00

Escrow Services and Agreements What is Software Escrow? Software Escrow is an arrangement whereby the escrow agent stores source code and other material on behalf of two or more parties and releases those materials if certain circumstances arise, such as failure to maintain the software or insolvency.

events

2017-07-30T08:02:53+00:00

Upcoming and past events * 28 May 2013: “Conflict resolution case study – contrasting different determinative approaches” * For more details please see . * 3 December 2012: Australian Cybercrime Summit 2012 * For more details please see

fashion

2017-07-30T08:02:53+00:00

Fashion Cases Interesting Links * Centre for Fashion Europe

federal_court

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Federal Court Legislation * Federal Court of Australia Act 1976 (Cth) * Federal Court Rules * List of Documents * Federal Magistrates Act 1999 (Cth) * Federal Magistrates Court Rules 2001 (Cth) * Federal Court Practice Notes * CM 6 - Electronic Technology in Litigation * CM 14 - Usual Undertaking as to Damage News 2011 * The Federal Court Rules 2011 will commence on 1 August 2011. * These Rules are an extensive revision of the current Rules. The Federal Court …

firm_introduction

2017-07-30T08:02:53+00:00

Why do you need our firm? Do you have trouble explaining your business, project or problem to a lawyer who has little or no understanding of the technology issues involved? Do you have legal documentation which is non-existent, ineffective, legalistic and lengthy and want to ?

freedom_of_information

2017-07-30T08:02:53+00:00

Interesting Articles * March 11, 2011 - Secrecy provisions: Policy and practice, The Hon Justice SC Kenny|

ftu

2017-07-30T08:02:53+00:00

Commencement of Trade Mark ownership Steve White, Principal - White SW Computer Law Introduction The Constitution empowered the Commonwealth to make laws in relation to trade marks. In exercise of this power, the

generallegalnews

2017-07-30T08:02:53+00:00

General Legal News 2013 * Australia signs on to international cybercrime treaty 2012 * IP issues in brokerage events * Personal Property Security Register goes live 2011 * Business Names (Commonwealth Powers) Act 2011 * A Better Patent System to Secure Australia’s Prosperity * WIPO World Intellectual Property Report * The COAG Legislative and Governance Forum on Consumer Affairs agreed to amend the Australian Consumer Law to allow consumers a 10-day cooling off period during …

good_faith

2017-07-30T08:02:53+00:00

What is good faith? The requirement for good faith arises in a number of contexts: * As an implied term in a contract arising by: * proper construction of the agreement eg. insertion of the term “reasonable” * Renard Constructions (ME) Pty Ltd v Minister for Public Works

graphicdesign

2017-07-30T08:02:53+00:00

INTELLECTUAL PROPERTY - A QUICK GUIDE FOR GRAPHIC ARTISTS INTRODUCTION Intellectual property protection is much easier than many people think. The most important thing is to understand what intellectual property rights are. You can then determine who owns the rights and how best to protect them.

grimes

2017-07-30T08:02:54+00:00

Australian Software Licensing Issues - March 1997 Introduction Trade between the US and Australia is ever increasing and with the spread of commerce to the Internet there are interesting issues which will arise with respect to software licensing and other intellectual property rights. If your clients propose to licence Intellectual Property in Australia then this article should highlight some risks and some substantial differences between Australia and the USA.

guarantees

2017-07-30T08:02:54+00:00

Guarantees * Henderson-Smart v Quality Blow Moulders Pty Ltd

htmlhome

2017-07-30T08:02:54+00:00

firm_introduction agreements clients steve_white papers brochures advice newsletters legislation relevant_links other_services

iart

2017-07-30T08:02:54+00:00

DOING BUSINESS ON THE INTERNET Steve White, Principal - White SW Computer Law Traps There are lots of traps and hazards on the Internet. Here are some you should think about. If you have engaged a software developer to create an Internet site for you the copyright in your site will be owned by the developer unless an assignment of copyright has been signed. That means that the developer may be able to licence your site to somebody else without your consent.

impwarr

2017-07-30T08:02:54+00:00

TRADE PRACTICES ACT - IMPLIED WARRANTIES Steve White, Principal - White SW Computer Law Did you know that the Trade Practices Act 1974 (Cth) and the Goods Acts legislation imply terms into a contract for the sale of goods or the supplying of services to a consumer which cannot be excluded.

indemnities

2017-07-30T08:02:54+00:00

Indemnities The key differences between an indemnity and ordinary contract term (if breached) are: * scope of liability * Indemnities are normally drafted much more widely to cover third parties and circumstances beyond the ordinary breach circumstances.

injunctions

2017-07-30T08:02:54+00:00

Injunctions Cases * February 5, 1975 - American Cyanamid Co (No 1) v Ethicon Ltd [1975] UKHL 1 * Leading UK decision on injunctions * concerned a patent for the use as absorbable surgical sutures of filaments made of a particular kind of chain polymer known as “ a polyhydroxyacetic ester” (“PHAE”). These are sutures of a kind that disintegrate and are absorbed by the human body once they have served their purpose

insolvency

2017-07-30T08:02:54+00:00

Insolvency Legislation * Bankruptcy Act 1966 (Cth) * Bankruptcy Act (Estate Charges) Act 1997 * Corporations Act * Corporations Regulations * Federal Court Act * Federal Court (Bankruptcy Rules) 2005 * Cross Border Insolvency Act 2008 * Cross Border Insolvency Regulations 2008 Related Instruments * IPA Code of Professional Practice * Accounting Professional Standards APES 330 Insolvency Services

intcright

2017-07-30T08:02:55+00:00

INFORMATION TECHNOLOGY COPYRIGHT DEVELOPMENTS AROUND THE WORLD Steve White, Principal - White SW Computer Law A colleague of mine who practices in the Kingdom of Jordan recently sent me a copy of his firm's Intellectual Property Newsletter. Featured, as one of the articles, was the fact that judges in Saudi Arabia had recently decided that copying computer software without permission was illegal. The concept of intellectual property existing in computer software is well established in Australi…

intellectualpropertyglossary

2017-07-30T08:02:54+00:00

Intellectual Property Glossary AbbreviationExplanationACIP Advisory Council on Intellectual PropertyALRC Australian Law Reform CommissionAMPICTA Australian Manufacturers’ Patents, Industrial Designs, Copyright and Trade Marks AssociationANU Australian National University

intellectualpropertylegislation

2017-07-30T08:02:55+00:00

Intellectual Property Glossary * Intellectual Property Glossary Intellectual Property Legislation * Circuit Layouts * Copyright * Design * Federal Court * Patent * Plant Breeder's Rights * Trade Marks Intellectual Property Valuation Articles * IP Valuation for Research Institutes Intellectual Property News * January 2012 - IP issues in brokerage events * December 2, 2011 - Software copied functions, but didn't infringe copyright * May 12, 2011 - Intellectual Proper…

international_links

2017-07-30T08:02:55+00:00

International * Berne Convention for the Protection of Literary and Artistic Works * British and Irish Legal Information Institute - Caselaw and Legislation from Britain & Ireland * Copyright Association of Ireland * Free Software Foundation * www.gnu.org * Draft Guidelines for Internet domain names (as at 2OCT97) * European Patent Office * EPO Patent Translate * UK - Her Majesty's Courts Service * Internet Corporation For Assigned Names and Numbers - (ICANN Uniform …

internet

2017-07-30T08:02:55+00:00

E-MAIL & INTERNET Does your business use e-mail? If so, you should consider developing guidelines to be used by employees when using e-mail facilities. Messages sent by e-mail may be much less formal than traditional forms of communication, but can be equally as binding on your firm, for example in contractual negotiations.

internetissues

2017-07-30T08:02:55+00:00

MINIMISING RISK - LEGAL AND REGULATORY IMPLICATIONS OF ONLINE BUSINESS Steve White, Principal - White SW Computer Law If you operate a commercial website, you are running a global business. Have you considered the many legal issues that arise from e-business?

inventorship

2017-07-30T08:02:55+00:00

Inventorship and Patent applications Sarah Pike, Solicitor - White SW Computer Law The way in which inventorship is determined and dealt with by the Patent Offices in Australia, the United States and Europe differ, even though these jurisdictions have sought to harmonise their respective patent laws. This can be significant where a party seeks to patent an invention in more than one of these jurisdictions.

ip

2017-07-30T08:02:55+00:00

What is intellectual property? Intellectual Property is an intangible asset which arises when a creative work is produced and can be protected in a number of ways, depending upon the nature of the creative work. Rights which can arise from intellectual property include copyright; patents; trade marks; designs; circuit layouts and confidential information.

ipassets

2017-07-30T08:02:56+00:00

Practical Problems for secured creditors and dealing with Intellectual Property Assets in Administrations and Receiver/Manager appointed scenarios Steve White, Principal - White SW Computer Law Introduction Intellectual property is amongst the most valuable asset that a business possesses - particularly if one examines the key assets of some of the worlds most profitable companies such as Microsoft Inc. However, financers are reluctant to advance funds on intellectual property assets due to p…

ipcareer

2017-07-30T08:02:55+00:00

A CAREER IN INTELLECTUAL PROPERTY LAW Steve White, Principal - White SW Computer Law A lawyer practicing in intellectual property law can look forward to a very diverse range of work. There is the planning of protection before the creation of an intellectual property asset, the registration of various intellectual property rights, the exploitation of intellectual property rights and in some cases litigation to protect intellectual property rights.

ipduedil

2017-07-30T08:02:56+00:00

Getting ready to float or sell? When looking to float or sell a business, potential investors and purchasers should conduct due diligence. Due diligence involves, in part, looking at the financial and all other records which relate to the assets and liabilities of the vendor.

ipexpl

2017-07-30T08:02:56+00:00

INTELLECTUAL PROPERTY EXPLOITATION STRATEGIES Steve White, Principal - White SW Computer Law Conducting business on the Internet is global and involves many issues that should be considered before commencing Internet trading to minimise exposure to potential legal problems.

ipleverage

2017-07-30T08:02:56+00:00

Intellectual Property Leverage and Licensing Software development businesses usually have few tangible assets. Their real assets are intangible and need to be protected and maintained. Below we examine some of the types of intellectual property which may arise and some steps that need to be taken to prefect and maintain that ownership.

iplitigation

2017-07-30T08:02:56+00:00

INTELLECTUAL PROPERTY- OPPORTUNITIES FOR YOUNG PRACTITIONERS Steve White, Principal - White SW Computer Law When a trade mark, domain name or other intellectual property dispute arrives at your firm its time for young practitioners (or young at heart practitioners) to apply some computer skills to get proper instructions and resolve the dispute. Before applying these skills you need some legal background.

ipmergers

2017-07-30T08:02:56+00:00

IS YOUR SOFTWARE LICENCE TRANSFERABLE? Steve White, Principal - White SW Computer Law You have thrown out the old letterhead, the sign painters have done their job and you have remembered to answer the telephone using the new company name, the first day after the merger

itip

2017-07-30T08:02:56+00:00

COPYRIGHT AND OTHER INTELLECTUAL PROPERTY PROTECTION FOR THE INFORMATION TECHNOLOGY INDUSTRY Presented by Steve White, Principal - White SW Computer Law, Information Technology and Intellectual Property Lawyers at the Tools Pacific Conference, Melbourne Australia - November 1997

legal_news

2017-07-30T08:02:56+00:00

Legal News * Selected media quotes by Mr White * Arbitration News * Censorship News * Commercial Litigation News * Defamation News * General Legal News * Intellectual Property News * Copyright News * Federal Court News * Patent News * Privacy News * Telecommunications News * Trade Practices/Consumer News

legal_research_links

2017-07-30T08:02:57+00:00

Legal Research Links * Australasian Legal Information Institute * Federal Court of Australia - Judgments * Supreme Court of Victoria Library - Judgments * Supreme Court of New South Wales - Judgments * Supreme Court of Queensland Libary - Judgments * Supreme Court of Western Australia - Judgments * Supreme Court of the Northern Territory - Judgments * Supreme Court of Tasmania - Judgments * Supreme Court of the Australian Capital Territory - Judgments

legal_topics

2017-07-30T08:02:57+00:00

Legal Topics relevant to our area of practice * Arbitration * Banking and Finance Legislation * Censorship * Commercial Litigation * Commercial Law * Contracts * Damages * Defamation * Discovery * Escrow * Expert Determination * Fashion * Insolvency * Intellectual Property * Mediation * Privacy * Representations * Shareholder Disputes * Telecommunications * Trade Practices/Consumer * Trusts

legislation

2017-07-30T08:02:57+00:00

Legislation relevant to our areas of practice * Arbitration Legislation * Censorship * Commercial Litigation Legislation * Criminal Legislation * Defamation Legislation * Discovery Legislation * Freedom of Information * Intellectual Property Legislation * Privacy Legislation * Telecommunications Legislation * Trade Practices/Consumer Legislation

limitation_of_liability

2017-07-30T08:02:57+00:00

Limitation of Liability Consequential Loss * Hadley v Blaxendale * first limb * Where two parties have made a contract which one of them has broken, * the damages which the other party ought to receive in respect of such breach of contract should be

links_which_relate_to_our_firm

2017-07-30T08:02:57+00:00

White SW Computer Law * .au Domain Administration Ltd * Listing as auDA Review Panelist * Law Society of NSW * Mediation * Registration as a firm * National [accreditation] as a mediator * Law Institute of Victoria * Mediation * Registration as firm * Registration as a specialist * National accredition as a mediator Software Escrow & Copyright Agents * Technology Arbitrators, Expert Determiners and Mediators

links_which_relate_to_us

2017-07-30T08:02:57+00:00

White SW Computer Law * Law Society of NSW * Mediation * Registration as a firm * National [accreditation] as a mediator under NMAS * Law Institute of Victoria * Mediation * Registration as firm * Registration as a specialist * National accredition as a mediator under NMAS Software Escrow & Copyright Agents * Technology Arbitrators & Mediators

litigation

2017-07-30T08:02:57+00:00

Our Commercial Litigation Experience Our Steve White has over 25 years of commercial litigation experience. He has litigated extensively in the Federal Court in both Victoria and New South Wales, and the Supreme Courts of Victoria and New South Wales in relation to commercial law, information technology, intellectual property and telecommunications disputes. Those disputes have included joint venture disputes, ownership and licensing disputes, trade practices, internet law, copyright, trade…

maggbury

2017-07-30T08:02:57+00:00

RECENT REVIEW - HIGH COURT - CONFIDENTIAL INFORMATION Steve White, Principal - White SW Computer Law At some stage in our lives everybody has signed a confidentiality agreement. What do they mean? Are they enforceable? Should I sign it? The High Court has recently reviewed the enforceability of confidentiality agreements in the case of

mm

2017-07-30T08:02:57+00:00

MULTIMEDIA ISSUES What is multimedia? There are many varying definitions of multimedia depending upon the use of the phrase. In general terms, multimedia is a combination of media of varying forms into one medium. Multimedia may combine component parts such as sound recordings, visual images, computer programs and digitised text.

mmcright

2017-07-30T08:02:58+00:00

STRATEGIES FOR SURVIVING THE MINEFIELD OF MULTIMEDIA COPYRIGHT OWNERSHIP Steve White, Principal - White SW Computer Law The nature of multimedia, being projects involving the integration of several different media in one work, leads to often complex issues of copyright ownership. So where do you start?

mmediacright

2017-07-30T08:02:58+00:00

MULTIMEDIA PRODUCTS AND COPYRIGHT Steve White, Principal - White SW Computer Law Multimedia software products are becoming increasingly popular and are used anywhere from the corporate training room to your own home. The versatility of these products arise from the combination of component parts such as sound recordings, text, photographs and computer programs. However this combination of components has given rise to some interesting questions with respect to copyright.

multiart

2017-07-30T08:02:58+00:00

newagea

2017-07-30T08:02:58+00:00

New Age Assets – New tricks for Liquidators Steve White, Principal - White SW Computer Law You have just been appointed as liquidator of Reptile Games Pty Ltd (“Reptile”). What should you do? A review of Section 477 the Corporations Act reveals that you have ample powers to carry out your task of realising the assets of the company in accordance with the

newsletters

2017-07-30T08:02:58+00:00

Intellectual Property, Information Technology & Telecommunications Newsletters Our firm has an electronic newsletter which we provide free of charge. Some of our newsletters are available here for your perusal. To be added to our free electronic distribution list please

nlapr04

2017-07-30T08:02:58+00:00

White SW Computer Law Intellectual Property, Information Technology & Telecommunications newsletter - April 2004 Copyright Infringement - How Much Is Enough? When determining if a copyright infringement has occurred, one of the issues that needs to be determined is whether a substantial part of a copyright work has been copied.

nlapr97

2017-07-30T08:02:58+00:00

White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - April 1997 Which Courts have jurisdiction over your business? The legal aspects of doing business on the Internet are still being established. The US Courts are providing most of the case law at the moment but it can only be a matter of time before such matters are before the Australian Courts. In December 1996, the Minnesota District Court ruled that the State of Minnesota had jurisdiction ov…

nlapr98

2017-07-30T08:02:58+00:00

White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - April 1998 Dud Distributorships What can you do when a business “opportunity” goes wrong? In the Supreme Court of New South Wales matter, Probiz Business Software & Anor ( "Probiz" ) v Magee & Ors ( "Magee" ), Probiz unsuccessfully appealed against an earlier decision made by the Consumer Claims Tribunal in favour of Magee. Magee had entered into an agreement to act as the NSW agent, distribut…

nlapr99

2017-07-30T08:02:58+00:00

White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - April 1999 Year 2000 Information Disclosure Act 1999 This Act is now in operation in Australia. The purpose of the Act is to “encourage the voluntary disclosure and exchange of information about year 2000 computer problems and remediation efforts

nlaug04

2017-07-30T08:02:59+00:00

White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter August 2004 What happens when joint ventures fail? The Supreme Court handed down its judgment in Scheuer v Bell & Ors . This case involved a complex set of facts and multiple parties and illustrates the complexities often involved in software development projects and the difficulties that can arise when one or more parties decide to leave a joint venture.

nlaug06

2017-07-30T08:02:59+00:00

White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - August 2006 Registration of a Trade Mark - Is your trade mark too similar? As part of the process when applying for the registration of a trade mark, if your trade mark is accepted for registration, the details of the application will be advertised in the Official Journal of Trade Marks. For 3 months after the details are advertised, other parties may oppose the registration of your trade mar…

nlaug97

2017-07-30T08:02:59+00:00

White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - August 1997 Directors' Fiduciary duties A Company's directors and its employees have a fiduciary duty to act in the company's best interest. A breach of this duty can lead to a significant award for damages being ordered in favour of the company. In the matter of

nlaug98

2017-07-30T08:02:59+00:00

White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - August 1998 Where Can You Chase Your Internet Gambling Winnings? In the matter of Tom Thompson v Handa-Lopez, Inc, ( “HL” ) a matter heard by the United States District Court in Texas, Thompson had won $193,728.40 by playing the games on HL's

nldec05

2017-07-30T08:02:59+00:00

White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter December 2005 Stevens v Kabushiki Kaisha Sony Computer Entertainment & Ors In October 2005, in the matter of Stevens v Kabushiki Kaisha Sony Computer Entertainment & Ors, the High Court of Australia found in favour of Stevens in his appeal against the decision of the Federal Court in favour of Sony in their dispute over the

nldec97

2017-07-30T08:02:59+00:00

White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - December 1997 HAVE YOU THOUGHT OF TAKING IDEAS WITH YOU? In Admar Computers Pty Ltd v Ezy Systems Pty Ltd & Ors the Federal Court was asked to examine evidence relating to a pseudocode analysis of software on the question of copyright infringement and breach of confidentiality in circumstances where an employee left his employer and published a similar and competing product to this former empl…

nlfeb09

2017-07-30T08:02:59+00:00

White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - February 2009 Director's Liability for Copyright Infringement Ordinarily, a company’s director cannot be sued directly for loss and damage arising from the actions of the company. However, accessorial liability can arise in relation to, amongst other things, copyright infringement, leaving the directors of the company exposed to a claim for damages.

nlfeb97

2017-07-30T08:02:59+00:00

White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - February 1997 Does your software development agreement define in adequate detail the dates for delivery and at what development stage the product is to be delivered?

nlfeb98

2017-07-30T08:03:00+00:00

White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - February 1998 The importance of reliance in misleading and deceptive conduct cases In the matter of The Builders Warehouse Group Ltd t/as Campbells Hardware and Timber v Multinail Australia Pty Ltd, Multinail was contracted by Campbells to supply nail plates and connectors, computer hardware and software and training in relation to the manufacture of timber roof trusses for a fixed period.

nlfeb99

2017-07-30T08:03:00+00:00

White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - February 1999 Can You Be Bound By A Purchase Order? In a matter heard by the Supreme Court of Victoria, Asymetrix Asia Pacific Pty Ltd v Electronic Resources Australia (Vic) Pty Ltd, Asymetrix sought payment from Electronic Resources for the licence to duplicate and distribute a software product. The agreement between Asymetrix and Electronic Resources involved, amongst other things, oral disc…

nljan00

2017-07-30T08:03:00+00:00

White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - January 2000 Is Transferring Software From Disk To RAM Or Over The Internet An Infringement? There is no question as to whether the unauthorised copying of a software program from a floppy disk onto a computer's hard disk is a copyright infringement. A less certain point is whether launching the program by transferring a

nljan97

2017-07-30T08:03:00+00:00

White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - January 1997 Is your IT project a lemon? When a software development project goes off the rails pre-contractual negotiations and representations may be used in a

nljul06

2017-07-30T08:03:00+00:00

White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - July 2006 Failure to renew a Software Reseller Agreement When a party applies to the Court for an injunction, which for example may seek to prevent ongoing conduct of another party, they must be able to show that, amongst other things, there is a serious question to be tried.

nljul10

2017-07-30T08:03:00+00:00

Newsletter - July 2010 Website Links - can they amount to misleading and deceptive conduct? A Company may contravene the Trade Practices Act 1974 (Cth) if it publishes an opinion furnished by a third party to the world at large or at least to a section of the public and that opinion is misleading and deceptive (or likely to mislead or deceive)

nljul97

2017-07-30T08:03:00+00:00

White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - July 1997 A change in direction for copyright in Australia In June 1997, the Federal Court of Australia handed down a decision in the matter of Powerflex Pty Ltd v Data Access Corporation which changes the direction of copyright protection in Australia. This matter had been appealed from an earlier decision that certain words such as

nljul98

2017-07-30T08:03:01+00:00

White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - July 1998 UK Domain Name Usage And Trade Marks An appeal by One in A Million Ltd and others in the matters of British Telecommunications plc and Anor v One in a Million Ltd and Ors; Virgin Enterprises Ltd v One in a Million Ltd and Ors; J. Sainsbury plc v One in a Million Ltd and Ors; Ladbroke plc v One in a Million Ltd and Ors;and Marks & Spencer plc v One in a Million Ltd and Ors was unsucc…

nljul99

2017-07-30T08:03:01+00:00

White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - July 1999 Copyright Infringement Raids An Anton Piller order allows a party to enter another party's premises and inspect, take copies and remove specified materials. It is a remedy allowed by the Court to preserve evidence pending the hearing of a claim such as copyright infringement. The Court views Anton Piller Orders as a powerful tool and will only make such an order if there grounds to b…

nljun04

2017-07-30T08:03:01+00:00

White SW Computer Law Intellectual Property, information Technology & Telecommunications Newsletter June 2004 Attempt to set aside MP3 raid fails Anton Piller orders (named after the first case in which they received approval) are often obtained in litigation involving copyright infringement. The orders, if granted, require the Respondent to permit the Applicant access to its premises to inspect its computers and documents to obtain evidence of copyright infringement, so that it may be preserv…

nljun06

2017-07-30T08:03:01+00:00

White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - June 2006 Software Source Code & Business Continuity Planning When a software developer is engaged to build a custom program, or enhancements to an existing program, the customer should ensure that their software development agreement includes provisions allowing it to have access to the source code.

nljun07

2017-07-30T08:03:01+00:00

White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - June 2007 Software Source Code & Business Continuity Planning When a software developer is engaged to build a custom program, or enhancements to an existing program, the customer should ensure that their software development agreement includes provisions allowing it to have access to the source code.

nljun97

2017-07-30T08:03:01+00:00

White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - June 1997 Acquiring a part interest in a business When a information technology business is broken down into separate entities for sale, it is important that the contractual documentation of the original conglomerate be carefully examined to determine any residual obligations on parties acquiring a partial interest. The 1997 NSW Supreme Court Case of

nljun98

2017-07-30T08:03:01+00:00

White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - June 1998 Copyright In Australia And USA In Australia, there is no “work for hire” doctrine so it must be assumed, in the absence of a written copyright assignment, that the copyright on a literary, musical, dramatic or artistic work created under contract is owned by the author. Computer software is considered, for the purposes of the Copyright Act, to be a literary work. If you are hiring a …

nljun99

2017-07-30T08:03:02+00:00

White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - June 1999 How Similar Is Deceptively Similar? Once a trade mark application for registration has been approved by the trade mark examiner, the trade mark is advertised in the Trade Mark Journal and parties may lodge a Notice of Opposition, if they have grounds to object to the trade mark being registered. In the matter of

nlmar09

2017-07-30T08:03:02+00:00

White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - March 2009 Damages payable for Trade Mark Infringement If you sue a party for trade mark infringement, in order to be awarded damages, you must be able to prove to the court what loss and damage you suffered as a result of the trade mark infringement.

nlmar97

2017-07-30T08:03:02+00:00

White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - March 1997 Don't rely on your company for protection. If a company is found to have infringed the copyright owned by another party the directors or managers of that company may be found personally liable for such infringements by authorising or procuring such conduct by or on behalf of the company.

nlmar98

2017-07-30T08:03:02+00:00

White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - March 1998 Copyright Infringements On Web Sites - Who Is Liable? The owners of a web site should carefully consider their liability for copyright infringements, which occur on their web site. In the US district court case of

nlmay04

2017-07-30T08:03:02+00:00

White SW Computer Law Intellectual Property, Information Technology & Telecommunications newsletter - May 2004 Business Acquisition - Did you really buy the intellectual property? In the matter of JWH Group Pty Ltd & Anor v Kimpura Pty Ltd & Anor, which was heard by the Supreme Court of Western Australia, the Court had to decide whether certain goodwill and intellectual property had been included in the purchase of a business. The purchase arose after two parties decided to end their business …

nlmay97

2017-07-30T08:03:02+00:00

White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - May 1997 Stamp Duty Victoria Stamp Duty Deed on Intellectual Property and other Deeds Deeds executed after 1 May 1997, which do not otherwise attract duty executed in Victoria, will no longer require $10.00 stamp duty to be paid. Commonly used deeds to which this applies includes Confidentiality Deeds, Non-Disclosure Deeds and Intellectual Property Assignment deeds.

nlmay98

2017-07-30T08:03:02+00:00

White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - May 1998 Changes To Stamp Duty In NSW From 1 July 1998, the transfer of Intellectual Property rights including, amongst other things business names; patents; registered designs; and copyright will necessitate the payment of stamp duty of up to 5.5% of the consideration. If the Intellectual Property relates to both New South Wales and other jurisdictions, the duty payable may be able to be redu…

nlmay99

2017-07-30T08:03:02+00:00

White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - May 1999 Copyright Amendment (Digital Agenda) Bill 1999 The Government introduced the Copyright Amendment (Digital Agenda) Bill 1999 in response to the challenge to the traditional approach to copyright arising from, amongst other things, the fast increasing use of the Internet.

nlnov04

2017-07-30T08:03:02+00:00

White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter November 2004 Developing Similar programs for competitors Whether or not a software developer is free to develop a software program for a client that is similar to a program which was previously developed by them for another client is determined by issues such as (a) the contractual obligations owed to the original client, (b) who is the copyright owner of the source code (including library code…

nlnov97

2017-07-30T08:03:03+00:00

White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - November 1997 Have you bought compatible hardware to find that it is not? In the US case of Creative Labs Inc and Anor v Cyrix Corporation and Ors, Creative Labs sought, amongst other relief, that pending trial, the Court grant an injunction against Cyrix to prevent Cyrix from claiming that its microprocessor product is compatible with the Creative Labs Sound Blaster sound card. The Court inte…

nlnov98

2017-07-30T08:03:03+00:00

White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - November 1998 Copyright In New Game Levels Some computer games allow players to create new levels using the scenery and characters provided in the existing game. The question of ownership of the copyright in these new levels was examined in the US matter of

nlnov99

2017-07-30T08:03:03+00:00

White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - November 1999 Y2K - DEALING WITH ERRORS Whether you are the customer using the software or the supplier an/or programmer, should a Y2K error occur in your software, it will be important to keep detailed notes of the circumstances of how the error occurred. Should a dispute arise, it will be important to be able to demonstrate from the recorded information how you think the fault arose. For exa…

nloct97

2017-07-30T08:03:03+00:00

White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - October 1997 Can publishers' reproduce freelancers' work in electronic form? Many publishers of newspapers, magazines and other publications reproduce articles from their publications in electronic form such as onto CD-ROMS or on their web site. In the August 97, US Court of Appeal case of

nloct99

2017-07-30T08:03:03+00:00

White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - October 1999 Is Your Business Name A Trade Mark Infringement? If you select a business or company name or an internet domain name without conducting a trade mark search, you may find yourself a party in a trade mark dispute, particularly where there is a registered Australian trade mark similar to your chosen name.

nlsep04

2017-07-30T08:03:03+00:00

White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter September 2004 Termination of exclusive Software License Agreements The Federal Court matter of Quanta Software International v Quanta Systems Ltd [2004] FCA 1182 was decided this month. It involved a dispute between an Australian company (

nlsep07

2017-07-30T08:03:03+00:00

White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - September 2007 Ex-employees and Confidential Information In the matter of Ecolab Pty Ltd v Klen International Pty Ltd & Ors, the Court considered a case in which an employee resigned from his employment with Ecolab and the following month commenced employment with Klen International ( “Klen” ). Ecolab and Klen are competitors.

nlsep97

2017-07-30T08:03:03+00:00

White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - September 1997 The Commonwealth's right to us your copyright works The Copyright Act allows the Commonwealth, or its authorised representative to use copyright works supplied to it free of copyright restrictions. The terms of the use of such works must be decided between the copyright owner and the Commonwealth or by the copyright tribunal. In the matter of

nlsep98

2017-07-30T08:03:04+00:00

White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - September 1998 Contractors' Responsibility For Year 2000 Faults An interesting legal dispute has been commenced in the US arising from a dispute over the responsibility for Year 2000 faults in third party software installed and customised by a contractor. The matter involves

nsw

2017-07-30T08:03:04+00:00

New South Wales Commercial Litigation Legislation * Business Names Act 2002 (NSW) * Business Names Regulation 2004 (NSW) * Civil Procedure Act 2005 (NSW) * Uniform Civil Procedure Rules 2005 (NSW) * List of Documents, r21 * District Court Act 1973 (NSW) * Electronic Transactions Act 2000 (NSW) * Local Court Act 2007 (NSW) * Case Management of Civil Proceedings in the Local Court * Supreme Court Act 1970 (NSW) * NSW Arbitration Legislation

nt

2017-07-30T08:03:04+00:00

Northern Territory Commercial Litigation Legislation * Magistates Act 2009 (NT) * Supreme Court Act 2010 (NT) * Business Names Act 2007 (NT) * Business Names Regulations 2007 (NT)

open_source_links

2017-07-30T08:03:04+00:00

Open Source Links * Free Software Foundation * www.gnu.org * OpenSource.com - Open Source related news and updates * Open Source Initiative OSI - Site Index

osl

2017-07-30T08:03:04+00:00

COMMENTS ON OPEN SOURCE LICENCES: GNU GENERAL PUBLIC LICENCE, GNU LESSER GENERAL PUBLIC LICENCE, BSD LICENCE Steve White, Principal - White SW Computer Law We have included comments inserted in the text and as footnotes by way of commentary on these three commonly used open source licences.

other_services

2017-07-30T08:03:04+00:00

Other Services We offer many other legal related services, including arbitration, escrow and mediation, if you are not sure if we do something please email us at . Do you need advice or legal work outside Australia or Interstate? White SW Computer Law has agents and affiliates around the world. If you have legal matters involving transactions in foreign countries, we are able to assist you with your legal issues and in developing your overseas business contact

our_offices

2017-07-30T08:03:04+00:00

Melbourne:Sydney:Postal: PO BOX 452 COLLINS STREET WEST VIC 8007 Street: Suite 419, 838 Collins Street, MELBOURNE VIC 3008 Postal: GPO BOX 2506 SYDNEY NSW 2001 Street: Suite 604, 109 Pitt Street, SYDNEY NSW 2000

pacific

2017-07-30T08:03:04+00:00

COPYRIGHT INFRINGEMENT - IT’S NOT JUST HOW MUCH YOU COPY OR WHAT YOU COPY The Full Federal Court recently handed down its ruling in a matter involving an appeal of an earlier decision of the Federal Court involving two electronic gaming machine companies Aristocrat Leisure Industries Pty Ltd and Pacific Gaming Pty Ltd.

papers

2017-07-30T08:03:04+00:00

Publications 2013 * Wording of Alternative Dispute Resolution Clauses for Project Agreements 2009 * ABC Radio Interview, 12 March 2009 - Red Simons' interview with our Steve White regarding breach of company policies. 2008 * Practical Issues With Digital Evidence in Criminal Cases - Key Points (pdf copy) * Practical ICT Governance (May 2008) - As presented at the 2008 ACS Marysville Conference. * IP Passport Melbourne Seminar, 29 February 2008 - Video Footage of our Steve White's…

passing_off

2017-07-30T08:03:05+00:00

Lord Diplock in Erven Warnink Besloten Vennootschap v J Townend and Sons (Hull) Ltd (1979) AC 731 at 742, cited Twentieth Century Fox Film Corporation and Matt Groening Productions Inc v the South Australian Brewing Co Ltd and Lion Nathan Australia Pty Ltd [1996] FCA 1484

patent

2017-07-30T08:03:05+00:00

Our experience in Patent Practice * Our Steve White advises, litigates and arbitrates extensively in relation to the commercialisation, licensing, enforcement and revocation of patents. Patents * Legislation * Cases * Definitions * Links * News * Interesting Patents

patentcases

2017-07-30T08:03:05+00:00

Patent Cases 2015 * AstraZeneca AB v Apotex Pty Ltd; AstraZeneca AB v Watson Pharma Pty Ltd; AstraZeneca AB v Ascent Pharma Pty Ltd * D'Arcy v Myriad Genetics Inc * Patentable subject matter - not a patentable invention 2014 * Neobev Pty Ltd v Bacchus Distillery Pty Ltd (Administrators Appointed) (No 4) * DDR Holdings, LLC v Hotels.com * Regency Media Pty Ltd v MPEG LA, L.L.C. * Research Affiliates LLC v Commissioner of Patents 2013 *

patentdefinitions

2017-07-30T08:03:05+00:00

Patent Definitions * Claim * Integer * Inventive Step and Non-Obviousness * Litigation * Patent * Priority Date * Novelty * Prosecution * Specification

patentfilings

2017-07-30T08:03:05+00:00

Interesting Patents 2011 * June 21, 2011 - Apple Inc, Portable multifunction device, method, and graphical user interface for translating displayed content

patentlegislation

2017-07-30T08:03:05+00:00

Australia * Evidence Act 1995 (Cth) * s140 Civil proceedings: standard of proof * Patents Act 1990 (Cth) * s7 Novelty and inventive step * s13 Exclusive rights given by patent * s18 Patentable Inventions * s40 Specifications * s43 Priority dates * s102 What amendments are not allowable? * s117 Infringement by supply of products * s119 Infringement exemptions * s163, Exploitation of inventions by Crown * s138 Revocation of patents in other circumstances * …

patentlinks

2017-07-30T08:03:05+00:00

Patent Links * US Patent doctrine of Exhaustion * EURO-PCT Guide * EPO Patent Translate

patentnews

2017-07-30T08:03:05+00:00

Patent News 2012 * April 12, 2012 - Oracle v. Google shows the folly of U.S. software patent law * May 23, 2011 - Patent Prosecution Highway: A Global Superhighway to Changing Validity Standards- Christopher Potts (slides) 2011 * May 23, 2011 - Patent Prosecution Highway: A Global Superhighway to Changing Validity Standards- Christopher Potts (paper) 2010 * July 9, 2010 - ZDNet: Should software be patentable? * June 30, 2010 - Software patents: stifling innovation or vital tools?

penaltyunit

2017-07-30T08:03:05+00:00

Penalty Unit On 28 December 2012, section 4AA of the Crimes Act 1914 was amended to increase the amount of a penalty unit from $110 to $170. This means that, amongst other things, under the reforms to the Privacy Act due to commence on 12 March 2014, the maximum penalty amount for a serious or repeated interference with the privacy of an individual will be $340,000 for individuals and $1.7 million for entities

personal_property_securities_act_2009

2017-07-30T08:03:06+00:00

Legislation * Personal Property Securities Act 2009 (Cth) Cases * November 2006, 11 - Service Foods Manawata Ltd (Receivers) v NZ Associated Refrigerated Food Distributors * June 8, 2006 - Sleepyhead Manufacturing Company Limited v Dunphy and Shepard * Graham v Portacom (New Zealand High Court) * February 23, 2006 - Sleepyhead Manufacturing Company Limited v Dunphy and Shepard * October 27, 2005 - Waller v New Zealand Bloodstock Ltd

plant_breeder_s_rights

2017-07-30T08:03:06+00:00

Plant Breeder's Rights Legislation * Plant Breeder's Rights Act 1994 (Cth) * Plant Breeder's Rights Regulations 1994

pleadings

2017-07-30T08:03:06+00:00

Pleadings * Pleadings are the documents which set out the claim in suit so that * the Arbitrator, Court and Parties know what is being determined; and * the Parties know in advance the case that they have to meet at trial Interesting Cases

pppsp

2017-07-30T08:03:06+00:00

Patent Protection and the Problem of Secret Prior Use Sarah Pike, Solicitor - White SW Computer Law Introduction In general terms, secret use arises when the patentee has secretly used the invention prior to the priority date. One of the problems that arises when examining the meaning of ‘secret use’ under the

pratpa

2017-07-30T08:03:06+00:00

Patent Rights and the Trade Practices Act Patents can be powerful private property rights Some view patent rights to have emerged “as it were by accident, to rank side by side with the new ‘copyright’ which [had] grown out of the new State regulations for printing

preliminary_discovery

2017-07-30T08:03:06+00:00

Preliminary Discovery 2017 * Toll Transport Pty Ltd v Fleiter [2017]) 2001 * Redrock case

privacy

2017-07-30T08:03:06+00:00

We provide complex privacy services to our clients. Those services include * complex confidentiality and privacy clauses in agreements to protect important commercial data; * custom built privacy policies to enable data to be appropriately used and comply with law; and

privacyandinformationtechnology-acontradictioninterms

2017-07-30T08:03:07+00:00

Privacy and Information Technology - A contradiction in terms? Abstract Technology provides unlimited opportunities for the collection and processing of data with efficiencies that have not been seen before. Consideration must be given to the limits to the collection and use of such information in the Health Care Industry and the legal implications of a breach of the law in relation to medical information.

privacylaws

2017-07-30T08:03:07+00:00

Privacy Laws The Privacy Act 1988 (Cth) ( “the Privacy Act” ) applies to Commonwealth government departments and agencies and the private sector. The Privacy Act sets out, amongst other things: * The National Privacy Principles that apply to organisations. These principles deal with:

privacylegislation

2017-07-30T08:03:07+00:00

Privacy Legislation Commonwealth of Australia * Privacy Act 1988 (Cth) * Privacy (Private Sector) Regulations 2001 * Office of the Australian Information Commissioner Interesting Information Technology Privacy Cases Commonwealth of Australia * Office of the Australian Information Commissioner Case notes * Privacy Commissioner's report - Telstra Corporation Limited, June 2012 * Privacy Commissioner's report - Dell Australia / Epsilon, June 2012 * Privacy Commissioner's report …

project_agreement_adr_clauses

2017-07-30T08:03:07+00:00

WORDING OF ALTERNATIVE DISPUTE RESOLUTION CLAUSES FOR PROJECT AGREEMENTS Sarah Pike, Senior Associate & Steve White, Principal - White SW Computer Law Dispute resolution procedures are often interdependent and care must be taken when drafting clauses that seek to fast track particular types of dispute to a single specified method of dispute resolution.

qld

2017-07-30T08:03:07+00:00

Queensland Commercial Litigation Legislation * Business Names Act 1962 (QLD) * Business Names Regulation 1998 (QLD) * Magistates Court Act 1921 (QLD) * Supreme Court Act 1995 (QLD) * Supreme Court of Queensland Act 1991 (QLD)

quickcontracts

2017-07-30T08:03:07+00:00

CONTRACTS IN A HURRY When time does not permit full legal documentation, what other options are there when entering into a contract? A project suddenly takes off and you have not finalised the contracts. What can you do to best protect your position? This article looks at possible solutions and their advantages and disadvantages. Remember, it is unusual for parties to work together successfully if litigation is seen as the answer to a dispute or problem. However, if you are properly prepared m…

reasonableendeavours

2017-07-30T08:03:07+00:00

Reasonable Endeavours * Electricity Generation Corporation v Woodside Energy Ltd .. unless a contrary intention is indicated, a court is entitled to approach the task of giving a commercial contract a businesslike interpretation on the assumption “that the parties ... intended to produce a commercial result

redrock

2017-07-30T08:03:07+00:00

Employees & Intellectual Property Newsletter - March 2002 An interesting case was recently decided by the Victorian Supreme Court, which involved a complex dispute about, amongst other things, the ownership of intellectual property in software library code developed by an employee.

redrock_case

2017-07-30T08:03:07+00:00

Redrock Preliminary Discovery * [1999] VSC 76 * Discovery of electronic documents (October 2006) * Discovery of electronic documents (February 2006) * Discovery of electronic documents (2001) Intellectual Property Ownership * [1999] VSC 76 * Practical Problems for secured creditors and Intellectual Property Assets * Employees and Intellectual Property * New Age Assets - New tricks for Liquidators * Employees and Intellectual Property Costs * [2001] VSC 277

relevant_links

2017-07-30T08:03:08+00:00

Useful & Interesting Links * Links which relate to our firm * Australian Links * International Links * Open Source Links * Legal Research Links

representations

2017-07-30T08:03:08+00:00

Representations Representations are frequently subject to suit based on conduct which is misleading and deceptive and or the basis of an estoppel. For conduct which is misleading and deceptive please visit our Trade Practices pages. This webpage looks common law misrepresentation and estoppel.

repudiation

2017-07-30T08:03:08+00:00

Repudiation When does a party repudiate a contract giving rise to another party the right to terminate the contract for such repudiation? The test is whether the conduct of one party is such as to convey to a reasonable person, in the situation of the other party, renunciation either of the contract as a whole or of a fundamental obligation under it.

restraint_of_trade

2017-07-30T08:03:08+00:00

Restraint of Trade cases 2013 * Wallis Nominees (Computing) Pty Ltd v Pickett * Bond & Anor v Rees Corporate Advisory Pty Ltd & Anor

sa

2017-07-30T08:03:08+00:00

South Australian Commercial Litigation Legislation * Business Names Act 1996 (SA) * Business Names Regulations 2010 (SA) * Magistates Court Act 1991 (SA) * Supreme Court Act 1935 (SA)

schools

2017-07-30T08:03:08+00:00

SOFTWARE LICENSING AND SCHOOLS A computer programmer relies to a certain extent upon the honesty of their customers in order to make a return on the time and costs invested in developing a software program. Unfortunately, schools like many other organisations faced with budgetary restraints are looking for all possible sources of expense reduction and the computer programmer is often an easy and inadvertent target.

selected_media_quotes_by_mr_white

2017-07-30T08:03:08+00:00

Selected media quotes by Mr White The Age * December 22, 2010 - Several legal options for Riewoldt over photos - Comments regarding internet dissemination of compromising photographs of AFL players * [April 12, 2006 - Lawyers strike e-discovery jackpot] * [September 20, 2005 - Personal File: Steve White, success in the details] * March 11, 2003 - Telling a pirate disc by its (lack of) a cover Questioning Microsoft's disclosure of consumer's rights. * February 25, 2003 - Publish at …

shapetm

2017-07-30T08:03:08+00:00

Overcoming Problems with the Registration Shape Trade Marks Sarah Pike, Solicitor - White SW Computer Law Introduction The Trade Marks Act 1995 (Cth) (“the 1995 Act”) broadened the definition of a trade mark, in part, by adding “shape” as a new type of sign

shareholder_disputes

2017-07-30T08:03:08+00:00

[2010] NSWSC 549

sidebar

2017-07-30T08:03:08+00:00

Our Firm * Introduction * Personnel * Offices * Clients * Events Our Services * Advice * Agreements * Arbitration * Copyright * Designs * Employment * Escrow * Expert Determination * Litigation * Mediation * Patents * Privacy * Restraint of Trade * Trade Marks * Trade Practices * Other Services Legal Information * Brochures * Cases * Claims * Legislation * Legal Topics * Links * News * Newsletters * Papers

slib

2017-07-30T08:03:09+00:00

Liability of internet search engines and their users for trade mark infringement arising from keyword advertising Introduction Advertising on the Internet is an incredibly valuable tool and enables even the smallest, isolated business to offer its goods and services to consumers on a global basis. One way to attract business from consumers who are unaware of a trader’s website or other details, is the ranking of a trader’s site at one of the commonly used search engines in response to the sea…

slic

2017-07-30T08:03:09+00:00

SOFTWARE LICENSING AGREEMENTS When a customer requires software on a non-exclusive basis, the supply agreement will normally be in the form of a software licence. The terms of the licence should be carefully considered and preferably checked by a lawyer.

sma

2017-07-30T08:03:09+00:00

THE ELECTROMAGNETIC COMPATIBILITY FRAMEWORK Does this ring a bell? Most people are unaware that since January 1996, the Spectrum Management Authority has been overseeing the phasing in of the new EMC framework. Compliance with these new regulations will be enforced from January 1997 and apply to all new products placed on the Australian market. The standards introduced will be subject to ongoing review and will consider international developments in this area.

sob

2017-07-30T08:03:09+00:00

White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - January 2004 The importance of doing your own enquiries You agreed on a price, signed an agreement and handed over the reins to your business - so what could go wrong? The sale of a business can be fraught with dangers for both vendor and purchaser. In a case where it all went wrong for the purchaser, the parties involved ended up in the Federal Court to have the matter decided.

solspam

2017-07-30T08:03:09+00:00

COMBATING SPAM WITH LEGISLATION DOES IT WORK? Steve White, Principal & Sarah Pike - White SW Computer Law Introduction It is now almost five months since the Spam Act 2003 (Cth) ( “Spam Act” ) came into force, but there does not seem to have been a great change in the level of spam being received by Australians The Spam Act prohibits the sending of

spamlegis

2017-07-30T08:03:09+00:00

COMBATING SPAM WITH LEGISLATION - DOES IT WORK? Steve White, Principal & Sarah Pike - White SW Computer Law Introduction It is now almost five months since the Spam Act 2003 (Cth) (“Spam Act”) came into force, but there does not seem to have been a great change in the level of spam being received by Australians The Spam Act prohibits the sending of

spup

2017-07-30T08:03:09+00:00

SPAM UPDATE Introduction Since the Spam Act 2003 (Cth) (“Spam Act”) came into force in April 2004, there has not been much news of spammers being prosecuted and our inboxes continue to be bombarded by unwanted messages. This article looks briefly at the outcome of the Australian legislative approach to combating spam.

ssstm

2017-07-30T08:03:10+00:00

Sounds, smells and shapes - Has trade mark protection been extended too far in Australia? Introduction Originally, the role of trade marks was as a consumer protection tool, linking goods to their supplier. However, trade marks have evolved over time into a form of intellectual property right whose main purpose is to protect the goodwill and reputation of the trade mark owner

start

2017-07-30T08:03:10+00:00

Our Firm Introduction Personnel Offices Clients Events Our Services Advice Agreements Arbitration Contract Copyright Defamation Designs Employment Escrow Expert Determination Litigation Mediation Patents Privacy Restraint of Trade Trade Marks Trade Practices Other Services Legal Information Brochures Cases Claims Legislation Legal Topics Links News Newsletters Papers

steve_white.01may19

2019-04-16T07:44:18+00:00

Steve White - Brief Biographical Details Steve White is the principal and founder of the law firm White SW Computer Law. White SW Computer Law is a law firm which has practised in the areas of Intellectual Property, Information Technology and Telecommunications law since 1994. It has offices in Melbourne and Sydney, which provides legal, and legal related services, to:

steve_white

2019-05-15T05:56:41+00:00

swiss

2017-07-30T08:03:10+00:00

Switzerland Insurance Australia Ltd (formally The Federation Insurance Ltd) v Dundean Distributors Pty Ltd [1998] VICSC 25 (4 March 1998) - IS YOUR DATA INSURED? In March 1998, the Supreme Court of Victoria handed down its decision in the appeal case

swlicag

2017-07-30T08:03:11+00:00

sysadmin

2017-07-30T08:03:11+00:00

LEGAL CONSIDERATIONS FOR INFORMATION SYSTEMS MANAGERS - DISASTER RECOVERY SOFTWARE LICENSING * The software you use * Do you have the correct number of users as per your licensing agreement? * Is all software on your system licensed? Employers may be liable if they allow employees to use unlicensed software on the employer's information systems.

tacp

2017-07-30T08:03:11+00:00

TAX-ADVANTAGED COMPUTER PROGRAMS Are you eligible for a sales tax benefit? A Tax-advantaged computer program ( “TACP” ) is one that is contained in a carrying medium other than a microchip. The value of the TACP is deducted from the taxable value of the carrying medium before calculating the sales tax due.

tas

2017-07-30T08:03:11+00:00

Tasmanian Commercial Litigation Legislation * Business Names Act 1962 (TAS) * Business Names Regulations 2007 (TAS) * Magistates Court Act 1987 (TAS) * Supreme Court Act 1856 (TAS) * Supreme Court Act 1887 (TAS) * Supreme Court Act 1959 (TAS)

telecommunicationslegislation

2017-07-30T08:03:11+00:00

Telecommunications Legislation * Broadcasting Services Act 1992 (Cth) * Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 (Cth) * Classification (Publications, Films And Computer Games) (Enforcement) Act 1995 (Vic) * Radiocommunications Act 1992 (Cth) * Spam Act 2003 (Cth) * Telecommunications Act 1997 (Cth) * s313 Obligations of carriers and carriage service provider Telecommunications Regulations * Broadcasting Services (Digital Television Stan…

tmark

2017-07-30T08:03:11+00:00

TRADE MARKS WHAT IS A TRADE MARK? A trade mark may be a letter, word, name, signature, numeral, device, brand, heading, label, ticket, aspect of packaging, shape, colour, sound or scent or a combination of any of these which is used to distinguish the goods or services provided in the course of trade by a person from those provided by another person. Trade marks are personal property and may be protected, sold or assigned.

tpa

2017-07-30T08:03:11+00:00

Australian Competition and Consumer Act The Australian Competition and Consumer Act regulates: * how companies may conduct business * protection from anti-competitive or monopolistic business practices * the rights of consumers Are your sales staff or is your advertising misleading or deceptive?

tpa1

2017-07-30T08:03:11+00:00

TRADE PRACTICES ACT 1974 - CHECKLIST FOR BUSINESSES 1. What does the Trade Practices Act ("TPA") govern? TPA covers, amongst other things: * obligations of corporations to their customers; and * Competition between businesses including anti-competitive practices including without limitation, price fixing and misuse of market power.

tpaact

2017-07-30T08:03:11+00:00

Headline * Fair Trading (Australian Consumer Law) Act 1992

tpansw

2017-07-30T08:03:11+00:00

Trade Practices/Consumer Legislation (NSW) * Fair Trading Act 1987 (NSW) * Fair Trading Regulation 2007 (NSW)

tpant

2017-07-30T08:03:12+00:00

Northern Territory * Consumer Affairs and Fair Trading Act (NT)

tpapaper

2017-07-30T08:03:12+00:00

MISLEADING AND DECEPTIVE CONDUCT AND THE TRADE PRACTICES ACT The Trade Practices Act 1974 (Cth) provides, amongst other things, guidelines as to: * how companies may conduct business; * protection from anti competitive or monopolistic business practices; and

tpaparent

2017-07-30T08:03:12+00:00

Trade Practices Legislation New legislation came in force on January 1, 2011 replacing the Trade Practices Act 1974 (Cth). * The Australia Consumer Law a guide to provisions * You can download the new legislation from here Competition and Consumer Act 2010 (Cth) * Cartel provisions * Contracts, arrangements or understandings that restrict dealings or affect competition * Covenants affecting competition * Secondary boycotts for the purpose of causing substantial loss or damage …

tpaqld

2017-07-30T08:03:12+00:00

Trade Practices/Consumer Legislation (Qld) * Fair Trading Act 1989 (QLD) * Fair Trading Regulation 2001 (QLD)

tpasa

2017-07-30T08:03:12+00:00

Trade Practices/Consumer Legislation (SA) * Fair Trading Act 1987 (SA) * Fair Trading (General) Regulations 1999 (SA)

tpatas

2017-07-30T08:03:12+00:00

Trade Practices/Consumer Legislation (Tas) * Fair Trading Act 1990 (TAS) * Fair Trading (Code of Practice for Motor Vehicle Traders) Regulations 1996 (TAS) * Fair Trading (Code of Practice for Retail Tenancies) Regulations 1998 (TAS) * Goods (Trade Descriptions) Act 1971 (TAS)

tpavic

2017-07-30T08:03:12+00:00

Trade Practices/Consumer Legislation (Vic) * Fair Trading Act 1999 (VIC) * Fair Trading Regulations 2009 (VIC) * Goods Act 1958 (VIC)

tpawa

2017-07-30T08:03:12+00:00

Trade Practices/Consumer Legislation (WA) * Fair Trading Act 1987 (WA) * Fair Trading (Fitness Industry Code Of Practice) Regulations 2007 (WA) * Fair Trading (Footwear - Product Quality Standard) Regulations 1988 (WA) * Fair Trading (Furniture - Product Quality Standard) Regulations 1988 (WA) * Fair Trading (Infringement Notices) Regulations 2006 (WA) * Fair Trading (Product Information Standard) Regulations 2005 (WA) * Fair Trading (Product Safety Standard) Regulations 200…

trade_mark

2017-07-30T08:03:12+00:00

[2013] FCA 559

trade_marks

2017-07-30T08:03:13+00:00

Trade mark registrations and costs Our Services Our lawyers are registered trade mark attorneys and can assist you with any trade mark query that you may have. Please email us any questions that you may have. In the meantime, you may find this information useful.

tradepracticesconsumerlegislation

2017-07-30T08:03:12+00:00

Trade Practices/Consumer Legislation (Commonwealth) * Federal Court * Trade Practices and Consumer Legislation Trade Practices/Consumer Legislation (State/Territory) * ACT, NSW, NT, QLD, SA, TAS, VIC, WA Interesting Cases 2013 * Google Inc v Australian Competition and Consumer Commission * Trade practices – Misleading or deceptive conduct – Search engine operator displayed

trusts

2017-07-30T08:03:13+00:00

Trusts Trusts are frequently used commercial instrument whereby the legal ownership of some assets is separated from the beneficial interest. Interesting Cases 1936 * Miller v Cameron * Dixon J said the jurisdiction to remove a trustee is exercised with a view to the interests of the beneficiaries, to the security of the trust property and to an efficient and satisfactory execution of the trusts and a faithful and sound exercise of the powers conferred upon the trustee.

usacontracts

2017-07-30T08:03:13+00:00

CONTRACT ISSUES IN THE USA Introduction The United States of America is a common law country, as is Australia. Hence some considerations apply with respect contracts as they do in Australia. However, there are some peculiarities of which software developers should be aware. Please note that this is not an exhaustive list and is no substitute for obtaining legal advice for your particular circumstances.

vic

2017-07-30T08:03:13+00:00

Victorian Commercial Litigation Legislation * Business Names Act 1962 (Vic) * Business Names Regulations 2003 (Vic) * County Court Act 1958 (Vic) * Evidence Act 2008 (Vic) * s118 - Legal Advice * s119 - Litigation * Goods Act 1958 (Vic) * Magistates' Court Act 1989 (Vic) * Supreme Court Act 1986 (Vic) * Supreme Court (General Civil Procedure Rules) 2005 * 29.08 - Order for Particular Discovery * Supreme Court Intellectual Property Rules 2006 * Trustee Act 1…

wa

2017-07-30T08:03:13+00:00

Western Australian Commercial Litigation Legislation * Business Names Act 1962 (WA) * Business Names Regulations (WA) * District Court of Western Australia Act 1969 (WA) * Magistates Court Act 2004 (WA) * Magistates Court (Civil Proceedings) Act 2004 (WA) * Supreme Court Act 1935 (WA)

webdevcon

2017-07-30T08:03:13+00:00

INFORMATION TECHNOLOGY PROJECTS FOR CUSTOMERS 1. General Overview 1.1 The Internet contains web sites for an ever-increasing range of businesses and individuals. Many businesses use the Internet as a form of advertising and for the supply of goods and services. Hence both advertising laws and contractual terms are relevant in this new medium.

webissues

2017-07-30T08:03:13+00:00

TAKING CARE OF BUSINESS ON THE INTERNET The Internet is seen by many as the brave new frontier for global commerce. The legal aspects of operating an Internet based business are still being established and need to be carefully considered. The following

websitedev

2017-07-30T08:03:14+00:00

WEBSITE DEVELOPMENT AGREEMENTS SUMMARY Web site development involves the creation of a presence on the Internet and so introduces the customer to the myriad of legal issues that must be considered. A web site development agreement should determine which legal risks the customer is taking and which risks the developer will bear. A written agreement is an important first step to be completed.

websiteliab

2017-07-30T08:03:14+00:00

WEBSITE LIABILITY: A PRACTICAL ANALYSIS OF THE RISKS 1. General Overview 1.1 The Internet contains web sites for an ever-increasing range of businesses and individuals. Many businesses use the Internet as a form of advertising and for the supply of goods and services. Hence both advertising laws and contractual terms are relevant in this new medium in addition to issues such as intellectual property ownership.

y2kbbe

2017-07-30T08:03:14+00:00

YEAR 2000 - BUGS, BREAKDOWNS & ERRORS YEAR 2000 - IS IT JUST ANOTHER BUG? In many cases, older computer systems stored dates as a 6 character ( “byte” ) field, which includes 2 digits each for the day, month and year. eg 290598 for 25 May 1998. In such systems, 1 January 2000, is represented as '010100' which could be either 1 January 1900 or 1 January 2000. Accordingly, any function, which is dependent on a date calculation using 6 byte field dates, is a possible source of error.

y2kbug

2017-07-30T08:03:14+00:00

HAVE YOU CAUGHT THE Y2K BUG? If you plan on giving yourself a headache on 1 January 2000, make sure it is as a result of your midnight champagne, not the Y2K bug! Whether your business is related to information technology or not, you should implement a Y2K compliance plan to test your date dependent equipment and software and to determine whether your suppliers have audited their businesses for Y2K compliance. Disruption to your suppliers' businesses, such as an inability to process purchase o…

y2kchecklist

2017-07-30T08:03:14+00:00

Y2K - DEALING WITH ERRORS Whether you are the customer using the software or the supplier an/or programmer, should a Y2K error occur in your software, it will be important to keep detailed notes of the circumstances of how the error occurred. Should a dispute arise, it will be important to be able to demonstrate from the recorded information how you think the fault arose. For example, faulty hardware or third part software may cause Y2K compliant software to appear as if it has a Y2K error.