From 1 January 2005, over eight years after the WIPO Performances and Phonograms Treaty (WPPT) was concluded, and not far shy of 10 years after performers obtained economic and moral rights in the UK, Australia was finally dragged kicking and screaming to the performers' rights party. Although...

What should be the broad principles guiding the copyright and competition policy governing online music? In short, what are the key concerns or values that we want preserved in relation to the distribution of music online? We will outline the background to the present investigations and existing...

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...

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...