Securities over IP

IP Australia has published a reminder:

The transitional period to register any securities (charges, mortgages etc.) you may have taken out over IP ( registered trade marks, patents, designs etc.) on the Personal Property Securities Register expires on 31 January 2014.

The Personal Properties Security Register is a national register of claims to security interests over personal property (which includes our imaginary subject matters) in essence to provide a one stop shop for notice about such claims.

If you (or your client) has taken out a security over someone else’ intellectual property or where the other person’s intellectual property is being used as collateral for repayment, the security should be registered on the Personal Property Securities Register. In very broad terms: if the security isn’t registered in the Personal Property Securities Register, its claim to priority over any later security or even enforceability could be lost.

IP Australia’s warning points out that it is not enough to have registered the security interest in a register of IP such as the Trade Marks Register, the Patents Register, the Register of Designs or the Register of PBR. These registrations will not be transferred automatically to the Personal Property Securities Register. Morever, registration of the security interest on one or more of those IP Registers will not take priority over a later registration on the Personal Property Securities Register.

So, if you or your client have taken out such a security and haven’t registered it in the Personal Property Securities Register yet, ‘hurry, hurry, hurry; quick, quick, quick’ (with apologies to Alexis Jordan).

Although IP Australia’s warning relates specifically to the registered IP it administers, the legislation also applies to unregistered IP such as copyright.

IP Australia’s media release.

IP Australia’s general overview of PPS

PPS R.

3 helpful iPhone apps for Australians

AroundMe

Metro Public Transport (Melbourne, Sydney and Perth) a free and paid version for Melbourne

Pocket Weather AU (like the great widget, but you have to pay)

Another 5 another lawyer likes.

The three I mention can be (are) Australian specific information services.  These work well because they relate to location specific things which the iPhone can retrieve.  Most of the other apps I find useful really need to sync with my computer; first, because it’s easier to enter the data on the computer and, secondly, because you don’t want to be entering things twice or three times or ….

Unfortunately, the way the iPhone is designed to work means that most of these apps – sugarsync, Evernote etc. – work “in the cloud” (Our ABC here). They must be stored on the internet or pass through an internet host. That has potential security and privacy concerns (assuming the technology works).

That feeds into a different concern raised by Jonathan Zittrain in The Future of the Internet and How to Stop it. We are being present with a range of proprietary offerings that are acting a bit like gated communities in which you only get what the provider is willing to offer. Prof. Zittrain contrasts that to his view of the way the Web has worked till now: someone provided the underlying technology and hosts of people came along with hosts of customised solutions that you could choose to use.

Android? Well, it seems potentially to be much more open than the iPhone. Hopefully, it will force a lot more open-ness through competition but, of course, Google has its own “cloud”.