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...

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...

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...

In Roadshow Films v iiNet the Australian High Court will consider whether an Internet Service Provider (ISP) can be held liable for authorising copyright infringements committed by its subscribers. The case has significant ramifications for the regulation of the internet in Australia and may...

This submission responds to two proposals by the Australian government to address online copyright infringement (1) expanding secondary liability for copyright infringement (the doctrine of authorisation) to increase the ‘incentives’ for network access providers to ‘cooperate’ with...

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....

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...

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...