The effectiveness of patent protection depends not only on the existence of patent laws on the books, but also on the ability to enforce the rights granted by those laws. In recent years, there has been concern expressed in Australia that courts are providing inadequate protection for patent...

The effectiveness of trade mark protection depends on the enforceability of rights. However, little is known about how trade mark owners actually go about enforcing their trade marks in the civil courts. The few studies which have emerged recently show a high success rate for trade mark owners....

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...

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...

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...

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...