Come and hear Julian

Australian solo IP practitioner lawyer Julian Gyngell is in London next week to speak to the IP Finance Group on "Phonewords and Finance". He speaks at the offices of McDermott Will & Emery on Tuesday 14 July, at 5.50pm to 7pm. Admission free. Full details here. If you're coming, email me here to let me know.

Facebook Fan Pages

Currently Facebook requires any Page to have at least 100 fans in order to register a username. A week ago they had announced you would need 25 fans, and before that there was merely a 28 June deadline with no minimum number stipulated. Facebook had initially only allowed businesses whose Pages had more than 1000 fans to register their usernames in early June. At that time it was promising others the opportunity to register their usernames on 28 June.

So, unless Facebook has moved the goalposts yet again, if Azrights manages to get another 67 fans, I will finally be able to register Azrights as our Page username.

This is a post to ask you all to become a fan of Azrights. I am more than happy to reciprocate for your Pages. (Incidentally, having a fan page helps in your search engine rankings). Also, I think there is value for businesses to secure their usernames as I suspect Facebook pages for business will become quite important in the future.

Background
Phenomenal publicity was generated by the Facebook user name policy change a couple of weeks ago. There was a flurry of tweets about it on Twitter, and many lawyers raced to advise their clients of the importance of registering their trademarks at Facebook (at least in the sense of notifying Facebook of their registered rights so as to block others registering the name).

It was particularly noteworthy that even INTA took a proactive stance on a ‘private’ matter by emailing all INTA members, a fact that did not go unremarked by Marty Schwimmer of the Trademark Blog.

Currently there is quite a lot of confusion around creating company Pages on Facebook as shown by this page. I suspect now there will be an explosion of Pages being created as more businesses see the opportunities for promoting their brands via Facebook, traditionally regarded as the preserve of purely social networking, and for college kids at that. This video provides a useful insight into how brands can use Facebook to promote themselves. It also explains that the intrinsic difference between Profiles and Pages is that Profiles are private in nature. You have to accept friends into your group. On the other hand, Pages are public, and provide an ideal broadcasting platform for brands. See for example Coca Cola’s Page.

Azrights Facebook Page was created well before 31 May, and the name is trade marked. But lacking sufficient fans means we can do nothing right now to secure Azrights as our username. (Would love to know what Facebook’s thinking is behind this extra layer of delay.)

So, in conclusion please become an Azrights Fan It is risk free!

A new age Dawns

I learned yesterday that Dawn Osborne, a partner for 9 years with top international IP outfit Rouse, has made a major career change and gone in with Palmer Biggs Legal, a small IP boutique not far from Gatwick airport in the leafy surrounds of rural Surrey.

Dawn has extensive IP experience which covers litigation, mediation and general advice in IP-busy sectors such as fashion, luxury goods, jewellery, retail and travel. She is also a person who is known for her enthusiasm, involvement and commitment. A Big Name, she lectures, publishes and projects herself with the confidence of a seasoned and leading practitioner of her art. So why take this monumental step at a time when markets are uncertain (as are clients' budgets for legal advice) and the advice most City solicitors are following is one of "sit tight"?

Perhaps the answer lies in the flexibility of the new technologies and the price-competitiveness that can result from ditching City overheads. Most traditional large law firms are based on economies of scale: library resources, secretarial and logistical back-up, security, catering, heating and lighting, insurance -- put a lot of people under the same roof and divide the cost between them and the per-unit cost looks good. But who needs their own library these days? And in the era of broadband, BlackBerries (and their competitors), Skype, search engines and the like, the economies achieved by scale are looking like last century's calculations.

Good luck, Dawn -- a lot of people will be watching you and wondering whether they should be doing the same thing ...

Don't Rush to file Your International Registrations

A guest blog from the solo known as Cam Trade Marks and IP Services

Just been announced (by Jessica Lewis of OHIM at an ITMA Seminar on IRs in London on 11 June) that the new Madrid fees for EC designations - equivalent to EUR 870 - will become effective on 12 August 2009. For any filings before this date, with payment of the old amounts, the equivalent of the registration fee and class fees will be reimbursed ONLY in case of final refusal. So, if you can hold on, it makes a lot of financial sense to wait until this date before filing any more EC designations via the Madrid system

Paying for Regulation

No, not that sort of regulator - I mean the one that the Legal Services Act will impose on IP practitioners whether they practice as solicitors or under the protected titles for registered trademark attorneys and patent attorneys. IPREG has a consultation out on how the cost should be shared. Download it here. Naturally it peddles the alleged evidence that SOLO is high risk and will attract the use of most regulation services. Rest assured, Mr Heap, we do not want them. However since the professional members of the Shadow Board are all drawn from big practice, we do not stand much chance. Hopefully lay members who will properly consider the concerns of the consumer will be appointed soon to redress the balance.

The object of regulation is to protect the consumer. What about a payment model based on turnover like insurance premiums. Surely turnover reflects exposure to the market. At the moment we are counting people and regulated bodies. Some SOLO practices employ armies of paralegals and have high turnover. Are these the high risk ones or are the low turnover ones an equal risk? I have asked for the evidence referred to in the Consultation Document but so far the request goes unanswered.

I believe the consumer does deserve the benefit of regulation but at present the Act seems likely to achieve the exact opposite of its intention and the exodus of many business advisers in the IP and wider legal field from the regulated sector. Since the practice of law (other than litigation, probate and conveyancing) is largely an unreserved activity In England, this seems the most likely outcome.

Do our clients deserve more. If they do perhaps we should consider voluntary self- regulation. Oh that was what the profession used to be about wasn't it?

A Book of Inspiration for Free

Not just a book but a teleseminar as well on Tuesday 9th June. See

http://buildasolopractice.solopracticeuniversity.com/e-book/

Firm Links

Azrights has set up a networking group for small law firms (of fewer than 5 partners). It is called Firm Links.

Its purpose is to afford small law firms an opportunity to discuss matters of mutual interest. It will provide a perfect environment for generating new ideas, exchanging experiences, hearing other people’s views and therefore gaining a different perspective.

The first discussion forum is taking place at a central London location on Tuesday 2nd June, 2009 over breakfast. The cost to attend is £20 plus VAT. So far we have invited solicitors known to us through networking.

There is no limit to the number of solicitors who may be added to the invitation list. The way Firm Links works is that the first 25 solicitors to accept an invitation for a meeting will attend the meeting for that month. So, there is no obligation to attend regularly.

More about Firm Links

Small practices face unique challenges – particularly in the light of the changes brought about by the Legal Services Act and the likely increased costs of regulation. By getting together and discussing business matters with other law firms we aim to find solutions and generate new creative ways of improving our individual businesses.

Apart from picking up useful information, participants will make new contacts with a variety of other lawyers. The meetings will begin with an opportunity for each participant to give a 1-2 minute ‘elevator speech’ to introduce themselves to the group. We advise bringing plenty of business cards to pass around.

Firm Links will usually meet once a month over breakfast, but we may also arrange other events too. (Only one representative of a law firm may attend the same meeting, although more than one solicitor from that firm may be on the invitation list). There is no restriction on the number of lawyers specialising in a given area of law. The only absolute rule for now is that if a firm grows to more than 5 partners it will no longer be eligible to attend Firm Links.

Topic for 2nd June discussion - Professional Indemnity Insurance

The topic for discussion is Insurance following last year’s difficult PI renewal situation. The Gazette reported on 23 April that this year is also going to be a difficult renewal situation. With the current economic downturn, and the increasingly competitive landscape on the horizon, what impact does another adverse insurance season have on small firms? Does the current insurance problem have the potential to force the closure of yet more law firms? What are your thoughts on what the insurers will be looking out for? Have you developed or implemented any changes that might have a beneficial impact on your insurance renewal experience this year? What preparation can we make? Is Lexcel relevant to small firms? Does it help?

The Law Society has also produced a practice note on a dedicated website and is running CPD seminars, as part of its tool kit to help members “more effectively prepare their firms for obtaining or renewing their PII and developing best practice approaches for the long term.”

If you do not want miss out on the first meeting on 2nd June, then please email us here before 28th May. Email the same address if you would like to be added to the invitation list for future meetings.