Archives for October 2017

The importance of evidence and its ubiquity

A fundamental step when preparing for any litigious matter is to gather evidence to support your legal position.  In Queensland, the rules of evidence are located in a number of pieces of legislation, together with a large body of case law.  The focus of this article is to provide a brief overview of evidence and why it is crucial for a party to any civil litigation matter to devote adequate resources to locating it. [Read more…]

Who owns the code?

Who owns the computer code is an important issue not just for employers but also IT contractors, who may utilise their own code libraries, and business associates embarking on joint software development projects.  This question can be critical when attempting to commercialise intellectual property, raise capital or applying for a government grant.

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Introduction to intellectual property

Intellectual property (IP), in the Australian legal context, is much more than copyright and trade marks, it includes confidential information, registered designs, trade secrets, patents and plant breeder’s rights.  The protection of intellectual endeavours has been something which the law has recognised for centuries and something which the innovation agenda has embraced.  IP is becoming increasingly important as organisations strive for competitive advantage in the innovation age (click here or insert).  IP rights arise at both common law and statute and aim to protect a broad category of rights over the fruits of intellectual efforts. These rights fall into two (2) distinct categories, those that are registerable and those that are not.

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ASIC Statement on Initial Coin Offering

On 28 September 2017, ASIC released an Information Sheet to aid companies in establishing and meeting their legal obligations when undertaking an initial coin offering (ICO).  Whilst acknowledging that ICOs have the potential to beneficially widen the options available to both businesses and investors, ASIC Commissioner John Price also warned that “ICOs are highly speculative investments, are mostly unregulated and the chance of losing your investment is high”. [Read more…]

Value shifting in commercial transactions

It seems that everywhere you turn when structuring commercial transactions or when raising capital in Australia, tax issues need to be considered.  “Value shifting” is one such issue. [Read more…]

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