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The last meeting of the Australian eCommerce Network for 2001 was held on Tuesday December 4th.
As usual, our seminar was held in the conference centre of Shell Australia's
national headquarters at 1
Spring St Melbourne, from 5.30 - 7.00pm.
The meeting
focussed on legal aspects of eCommerce. (See below for summaries of the
presentations).
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eCommerce
Business Method Patents
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Copyright,
Trademark, Intellectual Property
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On-line
Privacy
Experts from three
of Australia's leading law firms rresented:
For biographical information on the presenters please click here
Presentation Summaries
1, eCommerce Patents - Alistair Payne
Sophisticated
enterprises increasingly seek to use business method patents to protect their
e-commerce applications - for example electronic payment systems, innovative
internet applications, or a particular method of doing business in an electronic
format.
Their objective is not just
to protect or commercialise technology but to use intellectual property
protection as a strategic and defensive means of reinforcing their market place
position.
With
the introduction of the innovation patent in May this year, securing patent
protection in Australia for business methods and internet or e-commerce
applications has never been easier or more cost effective.
When looking at your marketplace positioning you should actively review
your competitors' strategy and seek to take advantage of opportunities to
protect your patch.
If you don't
your competitors will....
Alistair discussed business method patenting in an e-commerce context with a
particular focus on using patents and intellectual property protection for
optimal strategic advantage
2, Intellectual Property - Scott
Buchanan
Contrary to common misconceptions amongst many eCommerce
businesses, intellectual property laws are highly relevant in the ‘on-line’
world.
Scott Buchanan, senior associate, Phillips Fox advised
on the application of copyright and trade mark laws in the context of the
activities of businesses who have a presence on the internet.
Scott’s presentation highlighted when and where intellectual
property issues typically arise in eCommerce. He also offered practical and helpful
examples of how to avoid infringement and equally as important, how to maximise
the value of, and protect your own intellectual property.
Scott’s presentation covered some of the recent important
amendments to Australia’s copyright legislation including moral rights for
copyright owners and the digital agenda provisions which specifically address
copyright in the on-line environment.
On
the subject of trade marks, Scott discussed issues such as
the infringing and non-infringing use of trade marks on web sites, within domain
names and in the context of hyperlinks
3, Online Privacy - Kaman Tsoi
Numerous recent studies have shown that privacy concerns are one of the key
impediments to the increased take-up of business to consumer e-commerce.
Even in the absence of legislative controls, companies in Australia and
overseas have been learning how severely poor privacy management can damage
their public reputation.
With Australia's National Privacy Principles
taking effect in less than a month, taking the final steps towards
compliance is becoming critical.
Kaman showed that the application of the National Privacy Principles to
the online world can have some surprising results.
He outlined ways
in which technology is being used to protect and to invade
privacy, including cookies, web bugs and spam.
Finally he considered issues of aligning company practices to the promises made in
website privacy statements.
For further information on the Australian eCommerce Network please contact the
chairman (Stewart Carter).
Phone is 03 9347 5254 ( or from outside Australia on 613 9347 5254.)
Email to mail@aecn.org
Mail to GPO Box 1240L, Melbourne Victoria, Australia, 3001
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