eCommerce Law

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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). 

  • eCommerce Business Method Patents
  • Copyright, Trademark, Intellectual Property
  • 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