Landlords, Tenants and Access to Justice: A Longitudinal Study of Residential Tenancies Disputes. The proposed research will compare the strikingly different justice regimes governing residential tenancy disputes over the last 3 decades in New South Wales. These regimes have ranged from the exclusively formal, or court-based, to a hybrid model (with some matters resolved by tribunals, others by the courts) and finally to an almost exclusively tribunal-governed system. This study seeks to compare ....Landlords, Tenants and Access to Justice: A Longitudinal Study of Residential Tenancies Disputes. The proposed research will compare the strikingly different justice regimes governing residential tenancy disputes over the last 3 decades in New South Wales. These regimes have ranged from the exclusively formal, or court-based, to a hybrid model (with some matters resolved by tribunals, others by the courts) and finally to an almost exclusively tribunal-governed system. This study seeks to compare the effectiveness of these various regimes in delivering justice to all parties. No such study has been conducted in Australia, and the results will provide a basis for informed decision on whether the latest model should remain the preferred one in a sector of the housing market catering for more than 25% of the population of NSW, a large proportion of whom are disadvantaged.Read moreRead less
Entertainment rights in the age of the franchise: a reappraisal of personality rights under Australian intellectual property laws. Global entertainment industry practice is to assert broad rights in creative entertainment concepts and characters. There is huge global merchandising potential for cultural products, as demonstrated by The Wiggles, Harry Potter and Pokemon. In the US, the UK, Japan and Korea there have been developments to enhance the protection of character and personality rights. ....Entertainment rights in the age of the franchise: a reappraisal of personality rights under Australian intellectual property laws. Global entertainment industry practice is to assert broad rights in creative entertainment concepts and characters. There is huge global merchandising potential for cultural products, as demonstrated by The Wiggles, Harry Potter and Pokemon. In the US, the UK, Japan and Korea there have been developments to enhance the protection of character and personality rights. However there is no current study of the status of the entertainment franchise under Australian intellectual property law. With Australian imports of cultural products at an all-time high and with local productions increasingly geared towards worldwide audiences, this study critically evaluates how Australian law fits with the realities of the global entertainment marketplace.Read moreRead less
Copyright and Cartography: Understanding the past, shaping the future. This project investigates the history of copyright in maps. It aims to discover what is at stake when we seek to regulate the production and dissemination of geographic data, a field which sits at the highly contested intersection of private rights and public access. Making extensive use of historical archives and taking an interdisciplinary perspective, the project plans to produce a comprehensive history of copyright in ma ....Copyright and Cartography: Understanding the past, shaping the future. This project investigates the history of copyright in maps. It aims to discover what is at stake when we seek to regulate the production and dissemination of geographic data, a field which sits at the highly contested intersection of private rights and public access. Making extensive use of historical archives and taking an interdisciplinary perspective, the project plans to produce a comprehensive history of copyright in maps, charts and plans in Australia and the United Kingdom. It aims to highlight the ways in which copyright and the cultural field shape each other and the significance of this for geographic knowledge. The project is designed to engage with contemporary efforts to reform copyright law and policy relating to geographic data.Read moreRead less
Food security and the governance of local knowledge in India and Indonesia. This project aims to discover how local farming communities’ practical knowledge can improve food security. 795 million undernourished people rely on small farmers for food. To protect these farmers from multinational agribusiness and climate change, this project will examine how small farmers turn useful plant material into cultivated crops through plant selection and breeding under conditions of climate change; identif ....Food security and the governance of local knowledge in India and Indonesia. This project aims to discover how local farming communities’ practical knowledge can improve food security. 795 million undernourished people rely on small farmers for food. To protect these farmers from multinational agribusiness and climate change, this project will examine how small farmers turn useful plant material into cultivated crops through plant selection and breeding under conditions of climate change; identify how regulatory structures in India and Indonesia help or hinder this process; and identify opportunities to apply local knowledge and its regulatory framework in Australia. Better understanding local conditions should benefit regulators, NGOs, businesses and aid agencies.Read moreRead less
Intellectual Property enforcement and awareness building in China, Thailand and Indonesia. As a country with a significant intellectual property industry, Australia has a strong interest in intellectual property protection and enforcement. Australia has also an interest in reducing the amount of infringing material that is brought into the country. Apart from border control mechanisms, an obvious way to achieve this is to strengthen enforcement in the originating countries of this material. The ....Intellectual Property enforcement and awareness building in China, Thailand and Indonesia. As a country with a significant intellectual property industry, Australia has a strong interest in intellectual property protection and enforcement. Australia has also an interest in reducing the amount of infringing material that is brought into the country. Apart from border control mechanisms, an obvious way to achieve this is to strengthen enforcement in the originating countries of this material. The project will inform the Australian government with regards to policy making for this area and facilitate the planning of effective cooperation programs with Asian countries. Read moreRead less
Process matters: the new global law of intellectual property enforcement. Intellectual property (IP) enforcement can make websites disappear, cause businesses or individuals to lose internet access, plant and equipment, stop imports or freeze technological innovation. The impact of IP on businesses and individuals depends critically on how we frame remedies and enforcement processes. These legal processes are increasingly dictated by treaty. This project aims to produce a first-of-its-kind legal ....Process matters: the new global law of intellectual property enforcement. Intellectual property (IP) enforcement can make websites disappear, cause businesses or individuals to lose internet access, plant and equipment, stop imports or freeze technological innovation. The impact of IP on businesses and individuals depends critically on how we frame remedies and enforcement processes. These legal processes are increasingly dictated by treaty. This project aims to produce a first-of-its-kind legal analysis and conceptual synthesis of recent international and domestic developments in enforcement of patent, trade mark, copyright and other similar rights. The project intends to bring analytical rigour to highly polarised academic and policy discussions around the growth of international and domestic rules about IP enforcement.Read moreRead less
Hacking Copyright in the 21st Century: Art, Law, History & Technology. This project aims to leverage historical insights to investigate the tensions underlying the legal treatment of visual works of art. It will generate software and scholarship that trace the relationship between technology and visual copyright from the first statutory protections of visual artworks in the 18th century through to contemporary regulation of the dissemination of digital image data via digital publishing platforms ....Hacking Copyright in the 21st Century: Art, Law, History & Technology. This project aims to leverage historical insights to investigate the tensions underlying the legal treatment of visual works of art. It will generate software and scholarship that trace the relationship between technology and visual copyright from the first statutory protections of visual artworks in the 18th century through to contemporary regulation of the dissemination of digital image data via digital publishing platforms. Its significance lies in its interdisciplinary and innovative investigation of long-standing problems of contemporary copyright law at the intersection of the visual and digtal domains. It will have impact on law reform and policy development, with benefits for visual artists, collecting institutions and the public.Read moreRead less
Intangible cultural heritage across borders: laws, structures and strategies in China and its Association of Southeast Asian Nations neighbours. This project explores the way selected Asian countries have implemented international concepts regarding intangible cultural heritage and how cross-border conflicts about heritage have resulted from different interpretations of related 'rights'. This project develops proposals for international reconciliation and cooperation in heritage protection.
Australian made: A history of Australian copyright law and creator success 1868-1968. This project evaluates the role of copyright law in the development of Australian culture. Through an investigation of the experience of five iconic Australian creators in the arts (Nellie Melba, Norman Lindsay, Ken Hall, Albert Namatjira and Alfred Hill) the project examines how copyright law actually worked and the extent to which it served the mutual interests of Australian creators and media owners. The pro ....Australian made: A history of Australian copyright law and creator success 1868-1968. This project evaluates the role of copyright law in the development of Australian culture. Through an investigation of the experience of five iconic Australian creators in the arts (Nellie Melba, Norman Lindsay, Ken Hall, Albert Namatjira and Alfred Hill) the project examines how copyright law actually worked and the extent to which it served the mutual interests of Australian creators and media owners. The project makes a unique and significant contribution to the history of Australian copyright law, a long neglected area of research. It builds a better understanding of the legal foundations to commercial success. Misunderstanding in this area currently causes difficulties in law reform processes.Read moreRead less
Reforming the regulatory environment for innovative health technologies. This project aims to comprehensively map the regulatory pathways that innovative health technologies must navigate from the laboratory to the clinic, and to identify areas of over and under regulation. Pathways for innovative procedures, medicines and devices will be analysed in three cutting edge case studies - genome editing, biologic medicines and bio-printing - with particular focus on therapeutic goods registration and ....Reforming the regulatory environment for innovative health technologies. This project aims to comprehensively map the regulatory pathways that innovative health technologies must navigate from the laboratory to the clinic, and to identify areas of over and under regulation. Pathways for innovative procedures, medicines and devices will be analysed in three cutting edge case studies - genome editing, biologic medicines and bio-printing - with particular focus on therapeutic goods registration and patents. Doctrinal, qualitative and iterative research methods will be used. The primary intended outcome is a set of recommendations to assist policy makers in ensuring consistency of regulatory policy and practice, thereby supporting innovation and safe clinical translation, for the benefit of all Australians.Read moreRead less