Indigenous governments in Canada are increasingly authorized to adopt laws that convert communally held lands to individual fee simple. They will convert title to fee simple in order to obtain the economic benefits commonly associated with private ownership and its securitization. However,...

In this paper I look at the global question of the appropriation of indigenous ecological knowledge. First I will attempt to define some of the terms in this field of debate, and explain some of the basic issues, with a brief look at the role of intellectual property laws. Following this I will...

Arbitrators are lead actors in global dispute resolution. They are to global dispute resolution what judges are to domestic dispute resolution. Despite its global significance, arbitral decision making is a black box. This Article is the first to use original experimental research to explore how...

This article briefly describes the legal position in Australia prior to the Ice decision. It then explains the nature of the changes to that position as a consequence of the Ice decision. After dealing with the Ice decision, the recent first-instance decision in Phone Directories will be considered

The Australian law on parallel importing of trade marked goods appears to be inconsistent with the objectives of that law. A combination of the new legislation in 1995 and case law since that legislation has led to the erosion of a regulatory scheme which was previously more tolerant of parallel...

In IceTV Pty Ltd v Nine Network Australia Pty Ltd, the High Court transformed Australian copyright law, by placing a new emphasis on the role of an author or authors in producing original works. The centrality now required to be given to authorship has focused attention on important subsidiary...

A droit de suite entitles visual artists and their heirs to receive a royalty from the resale of certain works of art. Recently, there have been calls for Australia to introduce a resale royalty right into the Copyright Act. However, academic commentary and empirical research question whether...

The principle known as the ‘the rule in Hastings-Bass’ that has developed in first instance courts in England since 2000 is mistaken. Stating, as it does, a short list of conditions for when equity will interfere with a fiduciary's decision is not consistent with equity's conceptual...

An ongoing saga concerning the conflict between geographical indications and trade marks in Australia has existed since 1993 in relation to wines. While the implementation of the Australia-US Free Trade Agreement in 2004 has clarified the approach, some grey areas in Australian law currently...

Modern, commercial fantasy sports came to Australia in 2001. It has since grown into a significant and accepted part of the Australian sporting and gambling landscape. Fantasy sports’ mainstreaming has been relatively uncontroversial. It has found its place within Australia’s regulatory...