A recent decision of the Federal Court illustrates how the convergence of technologies is affecting trade mark law, recognising that, under certain circumstances, the scope of registered trade mark protection may be expanded to include the use of a trade mark in relation to new technologies which were not being used or necessarily contemplated by the applicant at the time the original trade mark application was filed.

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Differences in the expectations of suppliers and customers regarding the development of bespoke software, frequently lead to disputes regarding development timeframes, scope, cost, and intellectual property ownership.  It is not uncommon for software development projects to be delivered late, over budget, and without all of the expected functionality. 

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The following is a reminder of four important matters for consideration by customers and suppliers prior to entering into negotiations for many types of outsourcing agreements, such as business process outsourcing and facilities management agreements. 

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