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Offer can be revoked prior to

acceptance.Revocation must be
communicated to offeree.An offer can end
by Acceptance which has been accepted,
constitutes a contract, is no longer available
for acceptance. Ii)by rejection if offeree
notifies offeror tht he does not wish to
accept the offer, accept subject to certain
condition, makes a counter-offer.

Postal rule is deemed to happen when


letter is posted.with conditions letter must
be correctly addressed, stamped and
posted. If delayed or lost due to the letter is
wrongly addressed by offeree, postal rule
will not apply. Protective measures:
1)Specify tht d accepntance is only
complete when received on or before
certain date.2)Exclude the ops of PR
especially in international transactions.

TPM is a broad term that covers many diff


types of technologies used to control access
to copyright content, or to prevent users
from copying protected content. Content
that is protected by a copy protection
technology could include movies, games,
software, CDs or digital music files, or even
content stored in a protected area on a
website. Accesscontrol technologies are
technological protection measures which are
used by copyright owners to control
access to their content.Eg: magazine
subscription,time limitation in the website.
Copy control technologies are
technological protections measures applied
to copyright content which prevent,
inhibit or restrict the doing of a copyright
act with that content(convert pdf)

Commercialisation- is the process or cycle


of introducing a new product or production
method into the market. Process:
Developing the concept further,
Testing&Trialling the product, Designing
tools, Developing a manufacturing facility,
Developing a business or marketing plan &
mktg, promoting & selling d prod.How?
1)Commercialise inhouse(outsourcing,working wit partner,
Investor & start up
company).2)Assigmnet.3)Licensing.

Parasitic Copying-packging is used by


competitors to boost sales by confusing &
misleading consumers.why?to ride success
of a famous brand.

The impact of D&C-services previously


seen as actually or potentially delivered by
telecom or broadcasting platforms now
provided ovr the intrnet. Eg: bookstore, now
can access ebook frm intrnt.

2 concepts- Offer(H&F)1893: made by


offeror wit promise to be bound by the
proposal if the offeree accepts the
terms.who-3.how.expressly&impliedly.
Acceptance is an unqualified agreement to
all the terms proposed by the offeror whch
creates contract.can be accepted or
rejcted.Counter offer & conditional offer is
not acceptance.

Invitation to treat is not an offer; a person


holds himself out as ready to receive offers,
then either accept or reject. E.g Display of
goods wit price tag(FISHERvsbELL)1960 or
PSGB vs Boots Cash
Chemists(1953).Adevertisement is usually
an invitation to treat but can be an offer,
depending on its wording & the
circumstances.(PartridgevCrittenden1968)
or CarlillvCarbolic Smoke Ball co1893.

Digitisation is a process of rendering


information in binary digits this may
contrasted wit analogue data storage.
(audio&video/text&images) To
educate,enlighten, entertain & preserve.
Why?content&delivery/machine obsolete.
Factors:Purpose,IP
issues,Equipment,Storage & Playback.

Legal issues on internet: Jurisdiction, IP


rights, Cybercrimes, Privacy/Data security,
Freedom of expression & consumer
protection.

IP used for an area of law tht deals wit


original creative work; output of creations of
the mind & corresponding property rights
attached to these creations. Output must be
captured in permanent format. IP has

control over & be rewarded for its dev &


use. Types of IP: CR,patents,Industrial
design,TM,circuit layout,plant breeders
rite,geographical indications,confidential
info/trade secrets.

CR-d rite to produce or copy (and to pursue


related rights concerning)an original
expression of an idea.Eg films,photos)no
registration required.it is exclusive rites
given to authors for a limited time which
allows them to prevent othrs frm xploiting
their creations.Items-Written
material,Dramatic works, Artistics works,
Films,Sound recording. Aspect protected?
Source & object code.No transfer of
ownership.Exceptions:1) Fair
Dealing:Research or study,criticism or
review,reporting or news.2)Copying by
lib&archives.3)Reproducing computer prog.

Circumvention devices-a device having


only a limited commercially significant
purpose or use, or no purpose or use, other
than the circumvention, or facilitating the
circumvention, of a technological protection
measure. CR Amendment(Digital
Agenda)Act2000-prohibits the
importation,manufacture or distribution of
circumvention devices unless measures are
taken to ensure tht they are used for
permitted purposes.Obj to bring CR into d
digital age,tech neutral

important or classified information. 2)EDI


also replaces postal mail, fax and email,
While email is also an electronic approach,
the documents exchanged via email must
still be handled by people rather than
computers. Having people involved slows
down the processing of the documents and
also introduces errors. Instead EDI
documents can flow straight through to the
appropriate application on the receivers
computer (e.g. the order management
system) and processing can begin
immediately.

The 3 ways how technology has changed


by:1)Internet is an international network of
computers joined together through a
common software protocol called TCP/IP. A
process of joining computers or
computerized databases and allowing them
to talk to each other. It is also a medium
communication such as a library, bulletin
board, bookstore and etc.2)World Wide Web
is an electronic connection of millions of
computers that support a standard set of
rules for the exchange of information.
Websites and webpages are stored on
servers throughout the world. 3)Social
Media is another way how to conduct
business. It has the ability to communicate
and transfer information via internet. It sell
business only to provide information such as
blogs, Facebook, Instagram and etc.

Patents is the right to exploit commercially


an invented product or process.Wht?
inventions (prods&procs) & innovations.
Who?
Inventor,Assignee&Employer.Process:1)Opti
onal search2)Draft specs.3)File provisional
appln.4)File
complete.5)Prosecution.6)Opposition.7)Gran
t

IDesign-d rite to apply particular shape


configuration, pattern or ornamentation to
an article. What? Overall appearance of an
item & does not protect functionality.Who?
designer & employer.Why?1)to make
attractive&appealing.2)Helps to ensure a
fair return on investment.3)Good for
consumers.4)Good for Economic
Dev.Requirement:New&Distinctive.

Trademark-d rite to use words,syms,pics,


sounds,smells or a combination of these, to
distinguish d g&s of 1 trader frm those of
another.Types: registered TM & TM wit
reputation. How?mktg tool-brand
recognition.

Circuit layouts-d rite to use a 3D


configuration of electronic circuits in
integrated circuit prods or layout desgins.

Cybersquatting-deliberate act of
registering domain names connected wit a
recognizable marks or brands tht
established in the market wit the intention
of reselling them to original owner at
inflated price. The objectives of
Cybersquatting are: 1)Registration of a
domain name, identical or confusingly
similar to the trademark of another with
objective of selling the registered domain
name. (Making profits).2)Registration of a
domain name, identical or confusingly
similar to the trademark of another with the
sole purpose of confusing visitors that such
sights is in some way related with another
persons trademark. (Confuse the public
about the brand).3)Registration of a domain
name, identical or confusingly similar to the
trademark of another with the objective of
confusing the visitors to enter, who may
eventually notice that the webpage is not
associated with the identical or similar
trademark with which they associated the
domain name, but once there may desist
from pursuing the web page they initially
intended to visit.

EDI (Electronic Data Interchange) is the


transfer of data from one computer system
to another by standardized message
formatting, without the need for human
intervention. Data can be exchanged
through serial links and peer-to-peer
networks, though most exchanges currently
rely on the internet for connectivity.
Examples of EDI:1)An insurance company
can verify that an applicant has a drivers
license through an EDI exchange. Which EDI
applies to documents such as purchase
orders, invoices, shipping notices and
commission sales report, as well as other

Shrink Wrap contract is an unsigned


license agreement-software. It is a single
piece of paper containing the license terms
wrapped in cellophane or transparent plastic
along with the computer software
installation discs or the owners manual.
Software manufacturers generally attach
license agreements inside the packaging of
their products, which bind the consumer to
the terms of the agreement upon removal of
the shrink-wrap. EG:1)Shrink Wrap contract
states that the acceptance on the part of
the user of the terms of the agreement
indicated by tearing the clear plastic
packaging or other packaging of the
software (shrink-wrap), by use of the
software, or by some other specified
mechanism. 2)End users will be bound and
will be considered to have agreed with the
license if they tear open the package. 3)To
impose upon the transaction other terms
and conditions via the license agreement,
such as limitations of liability, choice of
governing law, and other contractual
provisions.

Click-wrap another form of creating an


electronic agreement, except tht the licence
is included on the computer screen before
installation rather than on the box. How? By
clicking on a button says I agree or I accept.
DIFF CLICK & SHRINK is the fact tht the user
actually has opportunity to read the contract
using or installing the program.

Browse wrap- a licence agreement that


appears on a website & cn be reviewed by a
user, but does not need to be either read or
clicked on for the user to utilized the site or
the software, data or content available on
tht site.

HarveyVSFacey(1983)- Harevey sent


telegram to Facey if he sell a bumper hall
pen at lowest cash$.Facey replied the $
$900 & Harvey accepted the $. Facey
refuses to sell.A mere statement of the min
selling price is an invitation treat not an
offer to sell.Since Facey is only answering
Q. This response means does not make any
offer & no offer Harvey accepting.The court
held no breach of contract Facey refusing to
sell to Harvey.

FisherVSBell(1960)-Restriction Act of
weapon 1959. A shopkeeper display a knife

with a price in the shop in the


window.Restriction Act of weapon 1959
made it is an offence to offer a knife.The
shopkeeper wasnt convicted guilty coz
according to the ordinary law of contract
display goods with a price tag in the shop in
the window is invitation to treat not an offer
to sell. The appeal was dismissed.

PSGBvsBoots Cash chemist(1953)-Boots


introduced a new self service system
whereby customer pickup good from the
shelf and pay cash bill. The PSGB brought
an action of legality in selling of certain
drugs need a presence of pharmacists.The
court held goods on the shelf constitute an
invitation to treat not an offer. The customer
take the goods to fill and makes an offer to
purchase. The chop assitnt whether to
accept the offer.

Innovation is a new or improved prod,


process or system tht has reached the point
of first commercial intro.Invention is an
idea, concept or design for a new or
improved device, prod or process tht is
available as concrete infor in the form of a
description, sketch or model.

TM-A trademark is used to identify a


product or service in the marketplace and to
distinguish it from other products and
services.A registered trademark must
specify the types (or classes) of goods and
services in relation to which it is used.

Business Name-A business name is a


name that is used to identify a business, not
a product or service.A business name is the
name that the legal entity that owns the
business will use to promote the
business.The legal entity that owns the
business may be:1)a person, who is
described as a sole trader,2)a number of
people, described as being in
partnership.3)a company, which will usually
have the words 'Pty Limited' (or some
variation) at the end of its name.It is
possible to register a trademark that is the
same as a business name, but their different
registrations are to achieve different
objectives:1)Registration as a trademark is
to brand a product or service.2)Registration
as a business name is to identify the legal
entity that owns the business (and may
have many products and services).

Domain Name-A domain name is an


internet address. Domain names let an
internet user visit a specific website.As a
part of a branding strategy, it is very
common for a domain name to be the same,
or similar to a trademark, a business name,
or a company name, but these different
registrations are to achieve different
objectives:1)A domain name is registered so
that there is an internet address.2)A
trademark is registered to identify a product
or service.3)A business name is registered to
identify a business that wishes to trade
other than with its own name.4)A company
name is the name of a specific type of legal
entity.

Factors to consider to get


online:1)Limited investment2)price
transparency3)Cannibalization of existing
prod&svcs4)Internal conflicts.

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