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Intellectual property law in Australia has changed dramatically in the last decade and continues to change. Developments in technology, the rise of the internet, the globalisation of trade and the increasing importance of 'superbrands' or trade marks with global appeal have all impacted on the laws surrounding intellectual property. Furthermore, globalisation has resulted in greater pressure to expand the rights of intellectual property owners as they endeavour to capture the potential benefits of ownership in an increasingly affluent and integrated world economy. This book provides a detailed and scholarly insight into Australian intellectual property law. It aims to offer students and legal professionals a detailed discussion of the black-letter aspects of the law, with the primary emphasis on the legal principles and complexities within.
Updated to include recent important developments in Australian intellectual property law, this is an essential text for students and professionals.
Intellectual property laws now impact on our daily lives in much more obvious ways than in the past and effect how we access or engage with technology, medicine, nature, education and entertainment. Australian Intellectual Property uses broader social and economic contexts to locate the black-letter law in the everyday, making it an accessible introduction to IP that will equip students with a foundation of legal knowledge for either entry-level practice or to progress into more specialized postgraduate study of IP law. In relation to the key areas: copyright, design, patents, confidential information, passing off and trademarks the book provides: a policy overview of the legal category, its history and emerging trends an explanation of the structure of the legislation and associated rights leading case extracts to elucidate key legal principles and tensions The new edition includes a new chapter on the Criteria for the Subsistence of Copyright to address the significant developments in this area of Australia law following IceTv v Nine Network Australia (2009), extensive discussion of the impact of Intellectual Property Laws Amendment (Raising the Bar) Act 2012(Cth), and new cases and extracts.
This book shows the development of Australian IP law into a distinctly Australian body.
Comprehensive textbook guide to the legal issues in the increasingly important area of intellectual property. The authors cover questions related to copyright, patents, trade marks, employment and contracts. Acts as a reference to the major case law as well as raising more philosophical questions. McKeough and Andrew are senior lecturers in law at universities in NSW.
This second edition of text for law students, first published in 1994, has been revised and updated. Presents a collection of cases and materials relating to the laws of intellectual property and unfair competition, including extracts from articles and reports which are not readily available. Examines questions of policy and considers remedies, enforcement and the administration of intellectual property law. Includes questions, tables of cases and statutes and an index. Ricketson is a professor of commercial law at Monash University, Richardson is an associate professor at the University of Melbourne.
Fully revised and updated, Australian Commercial Law is indispensable for students seeking a comprehensive understanding of commercial law.
This book discusses the main legal and economic challenges to the creation and enforcement of security rights in intellectual property and explores possible avenues of reform, such as more specific rules for security in IP rights and better coordination between intellectual property law and secured transactions law. In the context of business financing, intellectual property rights are still only reluctantly used as collateral, and on a small scale. If they are used at all, it is mostly done in the form of a floating charge or some other “all-asset” security right. The only sector in which security rights in intellectual property play a major role, at least in some jurisdictions, is the financing of movies. On the other hand, it is virtually undisputed that security rights in intellectual property could be economically valuable, or even crucial, for small and medium-sized enterprises – especially for start-ups, which are often very innovative and creative, but have limited access to corporate financing and must rely on capital markets (securitization, capital market). Therefore, they need to secure bank loans, yet lack their own traditional collateral, such as land.
Taking an interdisciplinary approach unmatched by any other book on this topic, this thoughtful Handbook considers the international struggle to provide for proper and just protection of Indigenous intellectual property (IP). In light of the United Nations Declaration on the Rights of Indigenous Peoples 2007, expert contributors assess the legal and policy controversies over Indigenous knowledge in the fields of international law, copyright law, trademark law, patent law, trade secrets law, and cultural heritage. The overarching discussion examines national developments in Indigenous IP in the United States, Canada, South Africa, the European Union, Australia, New Zealand, and Indonesia. The Handbook provides a comprehensive overview of the historical origins of conflict over Indigenous knowledge, and examines new challenges to Indigenous IP from emerging developments in information technology, biotechnology, and climate change. Practitioners and scholars in the field of IP will learn a great deal from this Handbook about the issues and challenges that surround just protection of a variety of forms of IP for Indigenous communities.
Report of an inquiry concerned with two broad issues: the patenting of genetic materials and technologies, and the exploitation of these patents and the distinction that can and possibly should be made between discoveries and inventions when referring to claims over genetic sequences.