Without the confidence that patent rights can be enforced quickly and efficiently, when needed, the patent system will not stimulate innovation. For this reason, governments, academics, international institutions and the private sector have poured significant resources into gathering and...

One of the great unknowns of patent policy is how much infringement goes on, and how much of that infringement leads to enforcement of an informal or formal kind. Our representative survey of over 3700 Australian inventors estimates that 28 per cent of inventions (which were the subject of a...

Consumer confusion lies at the heart of most actions for trade mark infringement. Statistically objective surveys are the most scientific way to get generalisable evidence about what consumers think and whether there is a case for confusion or potential confusion. However, only one in ten...

Data privacy rights is one of the most urgent issues in contemporary digital policy. In the face of insurgent citizen activism and outcry, national governments are looking for options to address this problem - something difficult for many jurisdictions when they lack robust, responsive policy...

Introduction: We report our mixed-methods investigation of publishers' licensing practices, which affect the books public libraries can offer for e-lending.Method: We created unique datasets recording pricing, availability and licence terms for sampled titles offered by e-book aggregators to...

This paper is part of an international collaborative project led by Rebecca Giblin & Kimberlee Weatherall. The premise of the project is this: what if we could start with a blank slate, and write ourselves a brand new copyright system? If we could design a law, from scratch, to encourage...

This paper provides an overview of the history of intellectual property laws in Australia and New Zealand, and directions into existing and emerging scholarship in this area. It discusses the swings and roundabouts of convergence and divergence in copyright, patent and trade mark legislation and...

Although consumer responses to signs and symbols lie at the heart of trade mark law, courts blow hot and cold on the relevance of empirical evidence – such as surveys and experiments – to establish how consumers respond to alleged infringing marks. This ambivalence is related to deeper rifts...

This Submission by nine intellectual property academics responds to the Draft Report in the Inquiry into IP Arrangements published by the Australian Productivity Commission on 29 April 2016 ('Draft Report').In broad terms, the submission supports many of the goals of, and recommendations of, the...

This submission to the Australia Productivity Commission responds to a recently published PricewaterhouseCoopers report on Understanding the Costs and Benefits of Introducing a ‘Fair Use' Exception, prepared for APRA, AMCOS, PPCA, Copyright Agency | Viscopy, Foxtel, News Corp Australia and...