Category Archive for: ‘Contracts’

New Year’s IP Resolutions

January is resolution time. A universal thought takes over: “I need to quit smoking, lose weight and call my mother more!” The IP Whiteboard team are not immune to this infectious optimism, and have put together some “IP resolutions” to kick off Twenty Ten. It’s not exactly Letterman’s Top 10, and we know resolutions aren’t always kept, but here goes!

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Protection of intellectual property rights key to good clinical trials

Australian Life Scientist has recently published a feature article on the “Top 10 clinical trial mistakes”.  The article, which addresses some of the common mistakes made when drafting clinical trial agreements, is a reminder of the need for such agreements not only to deal with the existing intellectual property rights of all participants but also with the generation of intellectual property by part

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Special leave application in UWA v Gray

An update from an earlier post: an appeal from the decision of the Full Court of the Federal Court in University of Western Australia v Gray may be heard by the High Court, after the University of Western Australia applied for special leave to appeal.

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Court sorts copyright ownership dispute

The Federal Court of Australia has reminded us that an independent contractor commissioned to develop software may be taken to have agreed to assign equitable ownership of copyright in the software.

The case is Intelmail Australia v Vardanian [2009] FCA 1018.  Justice Moore reviewed the principles to be applied when implying terms into an oral contract, confirming the following:

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Careful consideration required when scoping assignments of future IP

Commercialisation of patents, particularly in the biotech sector, can be fraught with difficulties.  So much is apparent from a recent NSW Supreme Court decision: Fermiscan v James.  Fermiscan is listed on the ASX, and aims to commercialise a diagnostic test for breast cancer based on research originally conducted by Dr Veronica James.

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