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12/10/2020

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22/08/2020

And excellent article written by Brendon Bailey a Federal Government Library publication in regard to one's rights under Copyright convention laws rights, etc. dating back to Socrates. https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/Publications_Archive/Background_Papers/bp9596/96bp12

It is extremely enlightening and includes:

1. Intellectual Property Laws in Australia

1.1 Constitutional basis: Ministers: Statutes: Regulatory and Advisory Bodies

1.2 International Conventions on Intellectual Property To Which Australia Is A Party

2. The Wide Ambit and Ancient Origins of the Concepts of Intellectual Property

2.1 The Product of One's Mind: Universal Declaration of Human Rights

2.2 Copyright - covers rights in original literary, artistic, dramatic or musical works as well as films, broadcasts and sound recordings and includes new developments such as computer software. Copyright applies for 70.0 years after one's passing, and not 50.0 years as Mr Bailey's article states. I believe it came out shortly after his article was published.

2.3 Patents

2.4 Trade Marks

2.5 Designs (registered)

2.6 Trade Secrets: Confidential Commercial Information

Returning to the original concept of a law that binds the conscience, the field of intellectual property also covers trade secrets and breach of confidential information. Briefly stated, a person who imparts confidential commercial information to another can prevent further disclosure to a third party by a legal injunction or, if unauthorised use is made of the information, obtain damages or an account of any profits. Also available is an order for seizure or destruction of an unauthorised manufacture (including what is now known as an 'Anton Piller' order for entry and seizure of evidence).

In Australia, the legal remedies for breach of confidence are mainly found in the common law. For some time, however, it was considered that a breach of confidence in the context of an unpublished manuscript should be dealt with under copyright legislation. Eventually, the courts identified the principle that a separate legal obligation can be imposed on the conscience of a person to whom a secret has been communicated.(16) In some cases such obligations can also arise from a written contractual agreement. A legal action for breach of confidence, therefore, can be pursued in equity or as a contractual dispute. The most common form of these actions arises when an employee leaves employment where he or she had access to the trade secrets of their employer. (As noted above, these are common law actions and there is no Commonwealth trade secrets legislation).

A simple example of a trade secret is the recipe for Coca Cola. The stylised name of Coca Cola is a registered trade mark. The distinctive 'Coke' bottle falls into the intellectual property category of a design. An attempt to register the bottle as a trade mark in itself (as distinct from a design) for a re-launch of 'classic Coke' was refused by the House of Lords in the case Coca Cola Trade Marks in 1986.(17) The House of Lords considered that the application was an unacceptable attempt to expand the boundaries of intellectual property.

2.7 Plant Breeder's Rights

2.8 Circuit Layouts Rights

2.9 Aboriginal and Torres Strait Islander Arts and Cultural Expression

3. A Selection of Significant Issues In Intellectual Property

3.1 Copyright: Moral Rights

3.2 Parallel Imports: The Price of CDs: Book Imports

3.3 International Trade Wars Over Intellectual Property

3.4 Convergence of Technology

3.5 Retailers Playing Radios in Public

3.6 Journalists' Copyright

3.7 Copyright in Commonwealth Statutes and Court Decisions

3.8 Exemption from Copyright for Parliamentary Use: Parliamentary Library

3.9 A Simple Rule on How to Avoid Plagiarism: Fair Dealing

3.10 The High Price of Patents in Australia 3.11 West Australian Smokebush: Patents for the Building Blocks of Living Matter

“moral rights" involves the following general principles:

• right of attribution: the author's right to be known to the public as the creator of the work;

• right of integrity: the right to object to distortions and mutilations of the author's work in such a way that would prejudicially affect the author's honour or reputation;

• right of disclosure: the author's right to determine if and when a work is to be divulged to the public; and

• right of withdrawal: the right to withdraw a work from the public, if the author wishes.(28)

© Copyright 2017, Donald Evan Gilbert as Trustee for Gilbert Family Trust Update 4/12/2017 Billy Joel concert: explains how he got his copyrighted songs back https://www.billyjoel.

17/07/2020

In the next few days, my scaled to evaluate the Reasonable Rent for ONE RETAIL LEASE goes live.

29/05/2020

Don Gilbert is a Specialist Retail Valuer (“SRV”), a 3D Economist and an arbitrator. He provides independent, impartial advice to landlords, prospective investors and tenants.

29/05/2020

Don Gilbert is a Specialist Retail Valuer (“SRV”), a 3D Economist and an arbitrator. He provides independent, impartial advice to landlords, prospective investors and tenants.

29/05/2020

Don Gilbert is a Specialist Retail Valuer (“SRV”), a 3D Economist and an arbitrator. He provides independent, impartial advice to landlords, prospective investors and tenants.

03/04/2020

The TWO Tier leasing market in commercial retail property in Australia is NOT FUNNY.

Property Agents believe they are "adding value" to properties by granting Rent Free periods, investing Property Capital which typically expects a "return" of say 10 to 20 X into business risk areas which my get a return of 1/2 to 6 X (risk is much much higher), which means that while no rent less rent is paid at the front end of the lease, a business must FIND CASH-FLOW on the back end of the lease aka equivalent to a deferred payment .......

This "engineers up" or "bolsters" rent up, which they then capitalize on the Face Rental Value which supposedly (and magically) increases a properties value ...........

Well there is no such thing as a Free Lunch. This article simply quashes this practice which is widespread across Australia.

Don Gilbert is a Specialist Retail Valuer (“SRV”), a 3D Economist and an arbitrator. He provides independent, impartial advice to landlords, prospective investors and tenants.