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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.
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.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in Australia. It covers every type of intellectual property right in depth - copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends.
. . . the book is enlightening for practitioners who are often required to take into account global considerations when advising clients. . . It would be of particular interest to policy-makers in the intellectual property field. Australian Intellectual Property Law Bulletin Dutfield and Suthersanen have skillfully captured in one concise volume all the important things you need to know about international intellectual property law. The materials are accessible, timely, methodically presented and at times critical. The book s detailed, in-depth and comparative analyses provide helpful insights into the increasingly complex international intellectual property system. Global Intellectual Property Law is not only an effective textbook for students interested in the subject, but a desktop companion for policymakers and professionals who need a quick and up-to-date overview of global intellectual property issues. Peter K. Yu, Drake University, US and Zhongnan University of Economics and Law, China Today global intellectual property rules affect everything from poor people s access to essential medicines to farmers rights in seeds to access to knowledge on the Internet. But at the same time that pundits declare that intellectual property has come of age, this body of law is more contested than ever, with critics asking whether intellectual property is even necessary to stimulate innovation, and whether and how intellectual property ought to be tailored to address the health and developmental needs of the global South. Dutfield and Suthersanen s Global Intellectual Property Law is a timely and lucid contribution to the field. This tome covers every hot button area of international intellectual property law and policy, from debates over the affect of intellectual property on development, to controversy over biotechnology and property rights in life, to claims by indigenous people and developing countries for new property rights in traditional knowledge. Dutfield and Suthersanen describe the current terrain, comparing North American, European, and developing world approaches; much to their credit, they do not shy away from describing points of tension among global actors. Global Intellectual Property Law is a must have for scholars and practitioners in the field for whom, I anticipate, the book will become a trusted and oft-used reference on their bookshelf. The book is clearly written and engaging enough to be perfect for students or laypersons interested in acquiring a comprehensive and critical appraisal of the field. Madhavi Sunder, University of California, Davis, US Dutfield and Suthersanen have succeeded in writing an engaging treatise that offers a truly modern perspective on intellectual property today. With examples from every continent, from every level of jurisdiction (national, regional, international), their study covers all the traditional fundamentals of intellectual property law as well as the current critical interrogations that their development raises. It is a book with character. Ysolde Gendreau, Université de Montréal, Canada Global Intellectual Property Law by Dutfield and Suthersanen provides a broad overview of the issues at stake concerning fair and effective ways to organize the information resources upon which the well-being of us all depends. The book highlights international and comparative perspectives on IP law and policy. Although primarily targeted at postgraduate level students, the book is enlightening also for practitioners, and a must-read for all policy makers and opinion leaders in the IP field. Thomas Dreier, University of Karlsruhe, Germany Globalisation of trade means that intangible informational resources are now produced, bartered and consumed anywhere and everywhere defying jurisdictional borders. Intellectual property has moved into the mainstream of national economic and developmental planning; in the recent past it has also emerged as the central impetus in multilateral
Intellectual property law in Australia is a constantly changing field. Developments in technology, such as in the life sciences and in the digitisation of the creation, analysis, distribution and use of information, along with economic globalisation, are having an increasingly significant impact on this field of law. The third edition of Australian Intellectual Property Law has been updated to include the most important recent developments in intellectual property law, including: • the 'Raising the Bar' amendments to the Patents Act and case law concerning the meaning of 'manner of manufacture' • proposed reforms to the Copyright Act • the High Court's consideration of trademarks in various contexts • recent statutory changes and court judgments. Through its comprehensive discussion of the black-letter aspects of the law, and primary emphasis on legal principles and complexities, Australian Intellectual Property Law continues to offer a detailed and scholarly insight into Australian intellectual property law for students and professionals.