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Welcome to the October edition of Simpson Grierson's xtech ezine.
Contents October 2005

In our first article this month, Senior Associate Simon Vannini and Partner Mike Sage provide an overview of the recent Commerce Commission determination providing for the long-awaited arrival of number portability.

In our next article, Dr. Anna Jellie, one of our Biotech specialists, examines suspicious practices and insider trading allegations being made with relation to medical product testing.

Finally, another development in the ever evolving area of internet defamation. Pragmatism and common sense feature in a recent case where an online publication was viewed by only 5 people in the jurisdiction which the claim was brought - one of which was the complainant himself.

If you haven't noticed them before, you may also be interested in checking out the 'industry update' links below this introduction. Here we provide regular updates of significant developments in the news in various industries.

As usual, we encourage you to forward this ezine to colleagues as relevant, and to 'sign up' if you haven't already. If there is something in particular you would like to see coverage of - let us know.

Regards,

Simpson Grierson's x-tech group

 

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Upcoming Articles
  • Changes to the Taxation of Patent Sales

  • Internet Governance: Which Way Now?
x-tech Recent Industry Updates
Information Technology and E-Business
Telecommunications
Biotechnology/Life Sciences
Intellectual Property
Commercialising Technology

Contact Information
Simpson Grierson's x-tech group provides suppliers and users of technology with specialist legal advice on information technology, intellectual property, telecommunications, biotechnology and the commercialisation of technology.

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 or phone Amy Watkinson on +64 9 977 5446.

To read the articles in this ezine you will require Adobe Acrobat Reader. If you do not have Adobe Acrobat, please click on the Get Acrobat Reader logo to download your free copy.
Telco : Number Portability – The Final Push
This article outlines the key points of the Telecommunications Commissioner's recent final determination relating to number portability. The effect of this determination is that, by 1 April 2007, telecommunications providers are required to ensure that businesses and consumers will be able to retain the same telephone numbers when switching providers or moving physical locations within local calling areas.
Click here for the full article By Michael Sage, Simon Vannini.
Biotech : Leaking "Confidential" Study Results
The US Securities and Exchange Commission ("SEC") has launched an inquiry into whether there are any conflicts or insider trading violations when an investment fund or matchmaker pays a doctor to provide advice to the fund regarding medical companies and products. In particular, the SEC is concerned that matchmakers are directly targeting doctors performing clinical research for biotech companies in order to obtain confidential information relating to clinical trials.
Click here for the full article By Dr Anna Jellie.
IT : Internet Defamation Update – Jameel v Dow Jones
Internet defamation update after the English Court of Appeal case Jameel v Dow Jones. The application of the law of defamation to articles available online continues to develop with the English Court of Appeal ruling in Jameel v Dow Jones & Company Inc that it is an abuse of process to bring internet defamation proceedings unless there has been a "substantial publication" in the jurisdiction.
Click here for the full article By Karen Ngan
Question of the month
Q: As a licensee of a trade mark, can I claim tax depreciation deductions?
A: You may be able to claim tax depreciations in respect of your right to use a trade mark, if that right has a limited life (ie your licence is for a fixed period of time). Trade marks themselves however cannot be depreciated, as trade marks can last perpetually (subject to payment of renewal fees).
Answered by by Earl Gray, Stuart Hutchinson and Claire Foggo
Related article : IP Assets and Tax Depreciation Deductions – Proceed With Caution (September 2005)
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