Category Archive for: ‘Contracts’
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!
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
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  FCA 1018. Justice Moore reviewed the principles to be applied when implying terms into an oral contract, confirming the following:
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.