June 2007  
Contents
Articles
list Telecommunications :
The Operational Separation of Telecom
list IP :
Submissions on Copyright (New Technologies and Performers' Rights) Amendment Bill
list IP :
Copying Directories - Are Your Fingers Walking you into the Courtroom?
Question of the month
list Answered by Earl Gray
Recent industry updates
list Information Technology and E-Business
list Telecommunications
list Biotechnology/Life Sciences
list Intellectual Property
list Commercialising Technology
Contact
list Have a question - submit it here
list Suggest a Topic
list Feedback
list Subscribe to x-tech
list Unsubscribe from x-tech
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Dear <SALUTATION>,

Welcome to the June edition of Simpson Grierson's x-tech ezine.

We have 3 articles in this issue.

Our first article addresses the operational separation of Telecom. Sara Jones and Matt Fogarty summarise Telecom's response and the process for the settlement of a Separation Plan for Telecom pursuant to the Telecommunications Amendment Act (No. 2) 2006.

In our February 2007 x-tech ezine we commented on the proposed changes to copyright law to update it for the digital age. The deadline for the public to file submissions on the proposed changes has now passed, with some interesting results. The number of submissions filed and the varied nature of the comments means that serious consideration will need to be given to resolving the often irreconcilable views. In our second article Earl Gray and Sarah Chapman review and comment on some of the proposals.

In Copying Directories - Are your Fingers Walking you into the Courtroom?, Richard Watts and Daniel Park examine how copyright may be infringed in copying an online directory and how a user may breach the terms and conditions of use of an online directory, or in fact any website. Are you at risk?

As always, please let us know if there is a topic you'd like to see covered in the ezine and feel free to forward this ezine to friends or colleagues. If you're not on the distribution list – why not sign up?

Regards,

Simpson Grierson's x-tech Group



 Articles
   Telecommunications
The Operational Separation of Telecom
In April this year the Ministry for Economic Development issued a consultation document which outlined the Government's draft policy positions and proposals on the separation of Telecom and invited public comment. This article summarises the key features of the consultation document, Telecom's response and the process for the settlement of a Separation Plan for Telecom pursuant to the Telecommunications Amendment Act (No. 2) 2006.
PDF iconClick here for the full article
Written by Sara Jones and Matt Fogarty
   IP
Submissions on Copyright (New Technologies and Performers' Rights) Amendment Bill

In our February 2007 x-tech ezine we commented on the proposed changes to copyright law to update it for the digital age. The deadline for the public to file submissions on the proposed changes has now passed, with some interesting results. The number of submissions filed and the varied nature of the comments means that serious consideration will need to be given to resolving the often irreconcilable views. Watch this (cyber) space.

PDF iconClick here for the full article
Written by Earl Gray and Sarah Chapman
   IP
Copying Directories - Are Your Fingers Walking you into the Courtroom?

Information from online directories, such as the Yellow Pages, has been known to be harvested for the purpose of compiling readymade potential customer databases. However, the harvesting of such information may infringe copyright, or breach the terms of use of an online directory. This article examines how copyright may be infringed in copying an online directory and how a user may breach the terms and conditions of use of an online directory, or in fact any website.

PDF iconClick here for the full article
Written by Richard Watts and Daniel Park
Question of the month
   Question
My customers and other people in the trade use my registered product brand in a generic sense - what can I do to protect my rights to the brand?
   Answer

You need to emphasise to your customers and others in the market that your brand is just that, a brand rather than a common name for your product. To do this, use the ® and TM symbols as appropriate, use your mark in conjunction with a generic description of the product, and differentiate your brand from other words in the text. You may also wish to use advertising to educate consumers. See our "Tips for Trade Mark Owners" section for more detail on this point.

Answered by Earl Gray

Earl Gray

PDF iconRelated article : November 2006 -
Trade Mark Genericide - Lessons to be Learned From Google
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Simpson Grierson's technology group provides suppliers and users of technology with specialist legal advice on information technology, intellectual property, telecommunications, biotechnology and the commercialisation of technology.

The Simpson Grierson x-tech team


To contact us or if you would like to receive a list of all previous x-tech articles, or a hard copy of any articles please email x-tech@simpsongrierson.com.

Note: The information provided in this ezine and the articles referred to or accessible through it are intended to provide general information only. You should not rely on this information as legal advice or as a substitute for legal advice. Specialist legal advice should always be sought for your particular circumstances.