— Contracts and IP

Katie versus Katy – why it pays to protect your ideas (and your name)

“It’s not enough to come up with ideas; these days, even names can be contentious. Designers are turning to legal action to protect their intellectual property – but it’s not an automatic fix. In July, Sydney designer Katie Perry had a firsthand experience when she came up against a claim by pop singer Katy Perry through her US lawyers. The local fashion designer had trademarked her name locally, but this didn’t deter the other party.” Read on

Julianne Dowling Small Business, The Sydney Morning Herald

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Published 28 September 2009.

A small business guide to intellectual property

“The two most precious resources for any small business owner are time and money. That’s why when the subject of intellectual property comes up, many owners run in the other direction. They see images of expensive lawyers and use that as an excuse to ignore the topic, reasoning that it is a problem for big companies to worry about. The trouble is, with the rise of competition through the Internet and on the global market, understanding intellectual property is more critical than ever for small business owners.” Read on

Darren Dahl The New York Times

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Published 28 August 2009.

Know your worth and stay positive

“Novice entrepreneurs should be realistic, prepared and focused on what they can offer, writes Anneli Knight. Starting a small business requires an act of courage at any time and during an economic downturn it’s an even braver leap that should be made with diligence, planning and optimism, experts say. The chief of the Council of Small Business Organisations of Australia, Jaye Radisich, says the most important steps in starting a business are to write a thorough business plan and secure funding.”
Read on

Anneli Knight Small Business, The Sydney Morning Herald

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Published 29 July 2009.

Dude, you stole my business idea! Confidentiality agreements 101

“An issue close to the heart (and start) of any creative venture is how to protect your valuable idea or concept if you need to disclose it to others… While there are limits to confidentiality agreements, they do offer a useful way to protect ideas or work, especially if you disclose strategically and work on building trust and respect in the process.” Read on

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Published 08 July 2009.

For worse or better

“Why is finding the right business partner so hard? Why do so many start-up ventures come unstuck because partners cannot get along? And that’s just in good times… Part of the problem is too many start-up entrepreneurs treat going into business like getting married in a Las Vegas chapel with Elvis presiding.” Read on

Tony Featherstone Small Business, The Sydney Morning Herald

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Published 08 July 2009.

The 10 worst partners for your start-up

“Partnerships can turn out to be a blessing or a curse. For every thriving partnership featured in Entrepreneur, there are thousands that end up stagnant, dissolving, dysfunctional or worse – in court. More often than not, performing basic due diligence can keep you from ending up in bad partnerships. So, have you done your homework? Here is a list of the top ten worst business partners for your start-up along with some tips to help you avoid this cast of characters.” Read on

Scott Gerber Entrepreneur.com

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Published 07 July 2009.

Tool kit (Contracts and IP)

Distribution agreement
This checklist goes through all the key areas of a distribution agreement. It is intended to help business owners consider and understand all areas of a contract prior to agreeing to it.
Licensing agreement
This checklist goes through all the key areas of a licensing agreement. It is intended to help business owners to consider and understand all areas of a contract with a potential licensor prior to agreeing to it.
Manufacturing agreement
This checklist goes through all the key areas of a manufacturing agreement. It is intended to help business owners consider and understand all areas of a contract created with or by a potential manufacturer prior to agreeing to it.
Partnership agreement
This checklist goes through all the key areas of a partnership agreement. It is intended to help individuals consider and understand all areas of a contract created with a potential partner prior to agreeing to it.
Design Victoria:
Make Your Mark – A guide to intellectual property for industrial designers
This comprehensive guide on intellectual property was written for the design industry. It contains practical information and case studies and explains IP protection and related issues for designers.
Legal terms
This downloadable glossary was created by Peter English of Surry Partners Lawyers and includes definitions of common legal terms that you may come across in your business dealings.
IP Toolbox: Confidentiality agreement generator
The IP Toolbox is an online guide developed by IP Australia on the use and management of intellectual property. The website features a free Confidentiality agreement generator to help you create an agreement to be signed prior to discussing or showing your ideas, innovations, products and secret information with other parties.
IP Toolbox:
Contractor agreement generator
The IP Toolbox is an online guide developed by IP Australia on the use and management of intellectual property. The website features a free Contractor agreement generator to help you create a tailored contract to suit your particular transaction.
Sample contract:
Confidentiality agreement – Generic
This is a downloadable sample of a generic confidentiality agreement. This is a sample only and must be adapted to suit your situation.
Sample contract:
Confidentiality agreement – Project-based
This is a downloadable sample of a confidentiality agreement for use within a specific project. This is a sample only and must be adapted to suit your situation.
Sample contract:
Contractor agreement – Short
This is a downloadable sample of a contractor agreement. This is a sample only and must be adapted to suit your situation.
Sample contract:
Contractor agreement – Long
This is a downloadable sample of a contractor agreement. This is a sample only and must be adapted to suit your situation.
Sample contract:
Joint venture agreement
This is an example of an agreement that may be created between two parties embarking on a joint venture. This is a sample only and must be adapted to suit your situation.
Sample contract:
Manufacturing agreement
This sample agreement may be useful when making an arrangement with a manufacturer. It covers designs made now and in the future. This is a sample only and must be adapted to suit your situation.
Sample contract:
Terms and conditions (retail)
This is a downloadable sample of some standard terms and conditions to be used when establishing a relationship with a retailer. All sections will need to be adapted to suit your business.
Sample contract:
Tax invoice
This is a downloadable sample of a standard tax invoice. Invoices are used to request payment, describe goods or services, list a price and terms of payment. This is a sample only and must be adapted to suit your situation.
Resource: Arts Law Centre of Australia
The Arts Law Centre of Australia is a community legal centre for the arts. They provide free business and legal advice for artists, designers and arts organisations.
Resource: Australian Copyright Council
Provides information, advice and training about copyright in Australia. Their website features comprehensive information including copyright guides and info sheets.
Resource: Australian Securities Investments Commission (ASIC)
ASIC regulates companies, financial service organisations and financial markets. Access their website to search for company and business names and also to download forms, publications and information.
Resource: Business.gov.au
Provides essential information and resources for those starting, running or terminating a business.
Resource: IP Australia
The government department responsible for the administration of trademarks, patents, designs and Plant Breeders Rights. Access the website for information, publications, searching of registrations and trademark application kits.
Resource: Private trademark research companies
There are many private research companies that can provide searches for Australian and overseas trademarks. Acromark and Searchmark are examples.
Resource: Youth and Enterprise Legal Centre
Provides free legal information as well as reduced cost advice to those in business on areas such as intellectual property, employment law and trade practices. Gives preference to those who are unable to pay market rates for legal assistance.

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About ADU
Part magazine, part bulletin, part business resource, ADU is a publication and archive about design and creativity published monthly to encourage and support designers. ADU is an independent and strongly collaborative voice within the design sector with a broad network that connects designers from across the country to the resources they need. ADU is also a vehicle for workshops, forums and exhibitions produced to encourage discourse and develop skills around design, creativity, entrepreneurship and ideas. ADU collaborates with design institutions and existing initiatives to enable designers to develop new markets at home and abroad. ADU is a joint venture between Parcel and Studio Propeller.
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Chris Byrne, Tim Fleming, Paul Justin
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