The copyright regime is based on the assessment that many, if not most, individuals are creative. To date, much of the literature assumes that copyright law is an effective instrument of innovation policy simply because the legislated rights to reproduce a creation are seen to be an incentive...

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is central to the operation of the global patent system. One criticism of the Agreement is that it too focused on the rights of intellectual property holders. A key aspect of this concern is the manner in which...

There exists, in some countries, a patent attorney privilege. This privilege allows an actual or potential holder of patent rights to withhold from a court communications that it has had with its patent attorney. The privilege is not recognised in all jurisdictions and there is variation in the...

Copyright is a complicated area of law that impacts on the lives and practices of almost everyone in our society. The reach of the Copyright Act 1968 (Cth) adds to the challenge of encouraging compliance with the law. This article suggests that recourse should be made to an area of legal...

Patent opposition allows third parties, such as competitors, suppliers, or customers of the patentee, to raise arguments and provide evidence of invalidity to the Patent Office, prior to the patent being finally granted. As a procedure, it has two key objectives acknowledged by courts and...

The notion of “decentred regulation” from the field of regulatory theory is adopted in order to explore the idea that individual contractual clauses have the capacity to regulate the behaviour of both employers and employees. The focus here is on restraint of trade and confidentiality...

This paper offers a new perspective on the “development” of the intellectual property regimes in the United Kingdom. The system put in place under the 1875 Trade Marks Act may be seen as the last of a sequence of earlier “technologies” that sought to administer the creative endeavours of...

Integrating large quantities of supply-driven renewable electricity generation remains a political and operational challenge. One of the main obstacles in Europe to installing at least 200 GWs of power from variable renewable sources is how to deal with the insufficient network capacity and the...