Archives for April 2018

Artificial intelligence – introductory thoughts on the legal issues

Whenever there is a wave of innovation, in the absence of statute, the Courts necessarily apply old world legal principles to the new technology.  This was certainly the case when social media and online business became mainstream.  Similarly the law in Australia that applies to bitcoin and the blockchain has left the promoters of initial coin offerings (ICO’s) struggling to understand their legal position – see our article titled:  “What is an initial coin offering”.  The advent of artificial intelligence (Artificial Intelligence or AI) however creates somewhat more challenging legal issues to be considered by technology lawyers whose client’s seek to develop applications with embedded AI. [Read more…]

What is a Services Agreement?

A services agreement, also known as a contractors agreement, or a contract for services (Services Agreement) is an agreement under which one party (Supplier) agrees to provide services to another party (Client) in exchange for remuneration.  It is different from a contract of service which is the technical name for an employment contract.   A Services Agreement is often issued in response to a request for proposal.  The Supplier agrees to provide services to the Client by providing a proposal, which the Client rejects or accepts by providing purchase orders.  A suite of documents like this should be read together to fully comprehend the legal relationship between the parties. [Read more…]

Offers to settle: Federal Court Rules c.f. Calderbank offers

In litigation, an offer to settle is an offer by one party to the other to settle the dispute out of Court.  There are numerous advantages to settling a matter out of Court, including reduced legal fees, finality of proceedings and confidentiality of result.  A key issue for litigants when making or receiving an offer to settle is to understand the potential legal costs consequences of rejecting the offer.  In this article, we consider offers to settle in the Federal Court of Australia under both the common law and the Federal Court Rules 2011 (Cth) (Rules).

[Read more…]

Disputing ownership of a patent – joint inventors

The Patents Act 1990 (Cth) (Act) provides the framework for patent registration and regulation in Australia. [Read more…]

Send this to a friend