Sense of 1Place

Names – spot the difference

Posted by 1Place in Branding, Trade Mark on February 23, 2012

Repeat after me:

“Trade marks confer proprietary rights. Other names do not”.

That might be an over simplification. However, if you make sure that you recall this pithy statement, it should stand you in good stead in navigating your way through the multiple naming

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The inventor within

Posted by 1Place in 1P, Article, Commercialisation, Confidential Information, Entrepreneur, IP Protection, Market Place, Patent, Psychology, Sense of Place on February 12, 2012

“What does it take to become an inventor?” crossed my mind while I was listening to a panel discussion on “Where Ideas Come From”.[i]

Ideas start small

Let’s start with the certainties: you need to have ideas, test them and build on them, or reject them. Fast failure opens the path for success – do

Originality trumps creativity: Part 3

Posted by 1Place in 1P, Article, Australian IP Case Law, Copyright, Future, IP Protection, Market Place, Out of your mind, Sense of Place on February 9, 2012

Yesterday (in Part 2), we looked at the current debate surrounding the Prince v Cariou copyright infringement dispute in the US. Commentators fear that as it stands, the decision will stifle creativity. But are we already in this position in Australia? The recent “Kookaburra” decision suggests we are.

________________________

So where does the

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Originality trumps creativity: Part 2

Posted by 1Place in 1P, Article, Australian IP Case Law, Copyright, Future, IP Protection, Market Place, Out of your mind, Sense of Place on February 8, 2012

Yesterday (in Part 1), we explored our understanding of originality by reference to the creative arts. Does our understanding of “originality” fit with legal definitions? We continue our journey today in Part 2, asking: what is acceptable “borrowing” or influence? As all art (indeed intellectual endeavours) stands on the shoulders of giants, what is the

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Originality trumps creativity: Part 1

Posted by 1Place in 1P, Article, Australian IP Case Law, Copyright, Future, IP Protection, Market Place, Out of your mind on February 7, 2012

“The secret to creativity is knowing how to hide your sources” Albert Einstein ________________________ In Part 1 of this 3-part post, we explore the concept of originality. We look at the meaning from the perspective of the creative arts. Does our understanding of “originality” fit with legal definitions? Part 2 will look at the limits

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Free to air…and on with the show, for now

Posted by 1Place in 1P, Australian IP Case Law, Copyright, Tech on February 1, 2012

Free-to-air TV over the internet to mobiles survives copyright claim: round 1

Watching free-to-air TV through the internet (viewed on your PC, smartphone or tablet of choice) is here to stay, thanks to the Optus v NRL decision handed down yesterday in the Federal Court of Australia.

Well, at least for the moment.

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Trade mark crimes – changes to the law

Posted by 1Place in 1P, IP Protection, Trade Mark on January 28, 2012

Under the Trade Marks Act 1995 Australia (the Act) the proceeds of crime can now be forfeited where a “serious offence” took place. A serious offence under the Act can invoke the powers to trace, restrain and confiscate proceeds of crime up to six months post a conviction.

These amendments to the Act become effective

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Kung Hei Fat Choy! 2012

Posted by 1Place in 1P, Branding, Trade Mark on January 22, 2012

Kung Hei Fat Choy!

Of the Chinese Zodiac, the dragon is the mightiest of signs. Magical, lucky and powerful. Yet, surprisingly not many iconic dragon trade marks leap to mind.

Nevertheless, we use the opportunity of Chinese New Year to celebrate eight (lucky) dragon brands.

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Wal-mart wants YOU

Posted by 1Place in 1P, Commercialisation, Entrepreneur, Out of your mind on January 20, 2012

Ever dreamt of securing a spot on Wal-mart’s shelves?

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A sense of the Australian Intellectual Property Laws Amendment Bill

Posted by 1Place in 1P, Article, IP Protection, Patent on January 17, 2012

The Intellectual Property Laws Amendment (Raising the Bar) Bill 2011 raises questions such as:

1. does this Bill reflect how innovation is valued in Australian society?

2. are the Bill’s objectives different from our earlier amendments to the law?

The last major amendments to the Australian Patents Act 1990 (Cth) were implemented nearly a decade