Re: Enquiry: Intellectual Law

Dear Dino,

I am contacting you today as I have an enquiry in regards to Business Law and have been advised by Heather Mack, Senior Solicitor of Westside Lawyers, Port Pirie, to seek further advice and assistance with a lawyer within your field.

I have a matter concerning the SA Medical Association and a proposed Business Plan that I had written and had contacted the board about in 2009. Heather Mack has advised me that I need the advice of an Intellectual Lawyer in regards to the Business Plan.

I had started research concerning the development of a Medical Specialist Centre to be established in the Port Pirie region in 2007. I was receiving advice from a business advisor, Michael Fetherstonhaugh of the Regional Development Board, Port Pirie. I had conducted statistical research surveys throughout the local and regional GPs, Medical Centres and Hospitals, which resulted in a positive response in order for me to continue to develop and establish the business plan for the centre.

I had also conducted customer surveys throughout the local area and regional areas to gather statistical research information regarding the specialists needed for certain medical conditions within this and surrounding areas.

I then developed and completed the business plan, The Specialist Medical Centre, prepared September 2009.

On the advice of Terry Reichelt of the Regional Development Board of Port Pirie, I then contacted the SA Medical Association, Minister of Health, Hon Jon Hill MP on the 18th of September 2009, in regards of acquiring funding and support to establish the centre in Port Pirie. I received a letter from Hon Jon Hill MP advising me that the Health Advisory Council of Port Pirie were engaged in a 10-year health service needs planning process, but they could not help me with my business proposal and that I should contact Mr Roger Kirchner, Director Mid North Cluster, Port Pirie Hospital in order to obtain funding.

I then on this advice proceeded to contact Mr Kirchner, who then asked for my business plan to review to consider if he was able to assist me with the funding and support I was seeking. I asked for the business plan to remain confidential and that it remained my property and I would allow him to review it on a trust basis, to which he agreed, a verbal agreement.

He then proceeded to review my business plan for 3 days, I contacted him after these 3 days to request the return of my business plan.

On this meeting with Mr Kirchner, he returned my business plan and had explained to me that it was an excellent idea/plan and that we needed people like me in this community, researching health matters and trying to establish a centre to cater to these health matters/concerns but unfortunately he was unable to assist me with any funding or support, but it was a much-needed commodity within this region/community.

I then proceeded to seek funding from any grants I could find and banking institutions, the Regional Development Board, the local council to which, no avail.

I then proceeded to conduct more research through the local and regional surrounding areas, GPs, Medical Centres and Hospitals in regards to a second business plan, M.S.I.C, to work in conjunction with the first business plan. I conducted a statistical research survey to which I received a very positive response again. I then developed the second business plan and proceeded to try and fund the project through my own personal finances from the sale of my home, to which I kept meeting dead ends. I then stopped with the financial side of the business plan and sought more support through the Regional Development Board, Hospitals and doctors.

I contacted the SA Medical Association Hon Jon Hill MP again in regards to both medical business plans and research conducted on the 31st of August 2012, to which this time I received a letter advising me that a Port Pirie GP Plus Health Centre was scheduled for establishment in Port Pirie in September 2013 and my business plans and research were unneeded.

I have provided both letters received on both occasions with this email for you to review. I have also provided a list of all people involved in the advisory planning process of my business plan.

I have not been told when the dates of the first planning of the GP Plus Health Centre was established or when the research was first conducted in order to establish the plan but have to question WHY I was not told in the first point of contact September 18th 2009 of this development and was told to contact Mr Roger Kirchner in order to establish funding and support for my business plan in order to establish the centre in Port Pirie.

I would appreciate any advice you could give me in regards to this matter and advise me if I have grounds to a claim of an Intellectual Property case.

As I do live in Port Pirie I would appreciate it if our correspondence could be via email to begin with. If you would like to discuss this further though I can provide my phone number.

I appreciate your time and consideration in regards to this matter.

Kind Regards,

Jacqueline Pearce

Did you receive this email?

Dear Jacqueline,

I estimate that our fees for providing advice on the matter which you have outlined below, including taking further instructions from you, will be $1,000 to $1,250 plus GST and disbursements.

As a preliminary matter, as I understand your emails below you do not currently possess any documentary evidence of a connection between you providing your business plan to SA Medical Association and that organisation developing a similar plan. As such, there is some uncertainty about what documentary evidence will be available to prove that there was a cause and effect connection between your plan being provided to Mr Kirchner and SMA developing its plan. It may be that SMA will hold relevant documents in their records and the advice will address the issue of obtaining access to whatever documents do exist.

Unless you have additional relevant documents, it will not be possible for me to express a firm conclusion about the factual merits of your case in our preliminary advice but only outline what you would need to establish in order to be successful and how you might go about collecting evidence to prove that.

If you would like to proceed on that basis, please provide me with your postal address and contact details (phone/mobile/fax) and I will send a copy of our Terms of Engagement to you for your consideration.

If you have any questions, please do not hesitate to contact our office.

Regards,

JOHNSON LAWYERS

John James

Solicitor

1/133 Archer Street
North Adelaide SA 5006

Ph: [REDACTED]
Fax: [REDACTED]
Email: [REDACTED]
Web: www.johnsonlaw.com.au