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  • Back to basics – negotiating IP rights in technology development agreementsPosted on April 12, 2017 by
    Businesses frequently choose to engage third party providers to build technology to support business activities. The process of developing and commercialising an idea requires a significant investment of both time and capital. Whether you are commissioning an app or having a developer create a website, it is important to ensure that you enter into a robust agreement with the developer that protects your IP and confidential information and maximises your return on investment. To ensure that the developer is able to provide a product that meets the needs of your business, you will often need t...
  • Perspectives on Cyber Risk 2017Posted on March 17, 2017 by
    We are delighted to announce the publication of our second annual cyber security survey report, Perspectives on Cyber Risk 2017. The 12 months since the publication of our last report has seen some of the most devastating cyber incidents yet.  No organisation type or industry has been spared.  From finance, retail, hospitality and healthcare, to mining and resources, utilities, professional services and education – it's clear that everyone is fair game in cyberspace. In the context of an increasingly stringent regulatory landscape, and the ever increasing interconnection of organis...
  • Looking back at 2016 – Privacy RecapPosted on February 27, 2017 by
    2016 set the stage for changes to Australian privacy laws with two key amendment bills introduced. Further, major legislative (and other) changes were recommended by the Productivity Commission in its draft report into data availability and use. Overseas, the EU General Data Protection Regulation was published. There were also a number of OAIC determinations. Finally, the Federal Court interpreted the meaning of 'personal information' (although this occurred in early this year, not 2016). We look at these legislative changes and other developments in Looking back at 2016 - Privacy Recap
  • Should you get bent out of shape pursuing trade mark registration for a shape?Posted on February 9, 2017 by
    According to the Australian Trade Mark Search system, as at 9 February 2017, there were 953 shape marks registered as trade marks, and a further 195 pending shape marks.  Some of these marks are shapes used in combination with one or more other kinds of marks (commonly a device, or both word and device), but many are shape marks only. But how useful is a shape mark in protecting the investment made by a business into its branding? Recently, Clipsal Australia, a producer of light switches and other electrical accessories, relied on a shape mark in respect of the shape of its light switch...
  • The Battle of the Kylies - part 2Posted on February 8, 2017 by
     In our previous blog post, we had reported that in a battle for the name KYLIE, Kylie Minogue had opposed a US trade mark application for "KYLIE" by Kylie Jenner, of "Keeping up the with the Kardashians" fame/infamy. The opposition filed included descriptions by Ms Minogue's lawyers of Ms Jenner as a "secondary reality television personality" known for her "photographic exhibitionism" and "controversial posts". As previously discussed, Ms Jenner had also filed trade mark applications for KYLIE in Australia, although they were yet to be open to opposition. When looking at the two count...
  • Are IT project failures common? Posted on January 30, 2017 by
    Heard of a recent IT project failure?  No?  Maybe you need to get out more. If there is one topic on which many organisations don’t seem to need any guidance, it's how to run an IT project off the rails. Ask any non-executive director what they fear most in their Board oversight and high on their list will be the risks associated with a major IT project. Every year, there is a litany of projects that have run off the rails in one shape or another.  And these are just the ones we hear or read about. One of our IT partners, Paul Kallenbach, provided some commen...

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