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Updated to include recent important developments in Australian intellectual property law, this is an essential text for students and professionals.
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.
This book shows the development of Australian IP law into a distinctly Australian body.
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.
What do the Mona Lisa, the light bulb, and a Lego brick have in common? The answer - intellectual property (IP) - may be surprising, because IP laws are all about us, but go mostly unrecognized. They are complicated and arcane, and few people understand why they should care about copyright, patents, and trademarks. In this lustrous collection, Claudy Op den Kamp and Dan Hunter have brought together a group of contributors - drawn from around the globe in fields including law, history, sociology, science and technology, media, and even horticulture - to tell a history of IP in 50 objects. These objects not only demonstrate the significance of the IP system, but also show how IP has developed and how it has influenced history. Each object is at the core of a story that will be appreciated by anyone interested in how great innovations offer a unique window into our past, present, and future.
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.
A comprehensive overview of intellectual property law, this handbook will be a vital read for all invested in the field of IP law. Topics include the foundations of IP law; its emergence and development in various jurisdictions; its rules and principles; and current issues arising from the existence and operation of IP law in a political economy.
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.
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 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.