'The fingers of the powers above do tune the harmony of this peace': Australia and the Harmonisation of Patents. Patent law is central to the key economic aim of encouraging an innovative culture. The harmonisation of patent systems around the world means Australian law will change. There is a significant risk that, without effective lobbying, the reforms will only reflect the needs and interests of the dominant economies, like the US. This project, with its comparative analysis of the patent e ....'The fingers of the powers above do tune the harmony of this peace': Australia and the Harmonisation of Patents. Patent law is central to the key economic aim of encouraging an innovative culture. The harmonisation of patent systems around the world means Australian law will change. There is a significant risk that, without effective lobbying, the reforms will only reflect the needs and interests of the dominant economies, like the US. This project, with its comparative analysis of the patent examination process, will explore the ways in which this integral part of the patent system may be improved. This research will lead to proposals for reform that are in line with the interests of Australia's unique economy.Read moreRead less
Intellectual Property and the Rural Sector: Harvesting the benefits of science and technology. Recent developments in agribusiness and biotechnology promise benefits for the rural sector. However, there has been little research into the Intellectual Property needs and expectations of the sector, a crucial aspect of the innovation process. This hampers policy debate, the development of effective commercialisation strategies, and undermines the effectiveness of Intellectual Property education. T ....Intellectual Property and the Rural Sector: Harvesting the benefits of science and technology. Recent developments in agribusiness and biotechnology promise benefits for the rural sector. However, there has been little research into the Intellectual Property needs and expectations of the sector, a crucial aspect of the innovation process. This hampers policy debate, the development of effective commercialisation strategies, and undermines the effectiveness of Intellectual Property education. This project, the first of its kind, addresses these problems by ascertaining the Intellectual Property needs of rural Australia, through empirical research into policy, education and commercialisation, and provides an understanding essential to support the economic and social development of rural communities.Read moreRead less
Legal Protection of TV Program Formats. Global flows of production ideas and techniques affect culture industries, most especially TV. Little is known about the pivotal role of adaptation of program formats and, especially, how to control piracy of this form of intellectual property. How effective, for example, might copyright law be in guarding against plagiarism and how might such a measure be strengthened? This project investigates the legal and industrial dimensions of TV program formats t ....Legal Protection of TV Program Formats. Global flows of production ideas and techniques affect culture industries, most especially TV. Little is known about the pivotal role of adaptation of program formats and, especially, how to control piracy of this form of intellectual property. How effective, for example, might copyright law be in guarding against plagiarism and how might such a measure be strengthened? This project investigates the legal and industrial dimensions of TV program formats through an analysis of current laws and practices in Australia and elsewhere. It enhances conceptual knowledge and professional performance in the commercial protection of an area that incorporates significant financial investment.Read moreRead less
Protection of Botanical Innovation: A legal analysis of the scope and operation of national and international plant breeder's rights. Plants play a crucial role in Australian society: they are a major source of nutrition, shelter, clothing, fuel, medicines and aesthetic pleasure. They also make an important contribution to the Australian economy. The legislative regime established under the 1994 Plant Breeder's Rights Act was designed to promote research, investment and innovation in Australian ....Protection of Botanical Innovation: A legal analysis of the scope and operation of national and international plant breeder's rights. Plants play a crucial role in Australian society: they are a major source of nutrition, shelter, clothing, fuel, medicines and aesthetic pleasure. They also make an important contribution to the Australian economy. The legislative regime established under the 1994 Plant Breeder's Rights Act was designed to promote research, investment and innovation in Australian plant breeding. A lack of familiarity and widespread misunderstanding mean that the system is under-utilised with adverse consequences for plant innovation and Australia's economy. This groundbreaking research will provide a comprehensive analysis of plant breeder's rights in Australia to maximise understanding and awareness amongst key stakeholders.Read moreRead less
Impact of Native Title on Local Government in Australia. This project will consider in detail the Integrated Planning Act 1997 (Qld) (IPA) and how the implementation IPA Planning Schemes will impact upon native title rights to land and sea. The project will also look at the impact of IPA on development applications made by native titleholders themselves. It will provide for identification and analysis of the relevant legal arrangements affecting native title, and the creation for taxonomy of imp ....Impact of Native Title on Local Government in Australia. This project will consider in detail the Integrated Planning Act 1997 (Qld) (IPA) and how the implementation IPA Planning Schemes will impact upon native title rights to land and sea. The project will also look at the impact of IPA on development applications made by native titleholders themselves. It will provide for identification and analysis of the relevant legal arrangements affecting native title, and the creation for taxonomy of impacts arising out of the interaction of the two legal regimes. The project will indicate strategies to facilitate cooperation between local planning authorities and indigenous stakeholders within existing legal structures.Read moreRead less
A National infrastructure to manage land information. Australia is one of about 30 countries in the world capable of managing land transactions in reliable land registers. The administrative framework however is 150 years old, built according to a 19th century statutory model appropriate to a less complicated and slower land market. Now land information, and particularly the digital land parcel map, is Australia's most valuable but underutilised asset. The project will translate popular spatial ....A National infrastructure to manage land information. Australia is one of about 30 countries in the world capable of managing land transactions in reliable land registers. The administrative framework however is 150 years old, built according to a 19th century statutory model appropriate to a less complicated and slower land market. Now land information, and particularly the digital land parcel map, is Australia's most valuable but underutilised asset. The project will translate popular spatial technologies into national business tools to better manage land information for the government, community and private sectors.Read moreRead less
Geographical Indications for Wine in Australia’s Free Trade Agreements. This project aims to clarify the appropriate basis for protecting geographical indications for wines in trade agreements and domestic legal systems. The project expects to generate new knowledge concerning the criteria, evidence and procedure that should be required to establish a geographical indication. Existing law risks misuse of this mechanism to unjustifiably protect domestic markets; the European Union is seeking prot ....Geographical Indications for Wine in Australia’s Free Trade Agreements. This project aims to clarify the appropriate basis for protecting geographical indications for wines in trade agreements and domestic legal systems. The project expects to generate new knowledge concerning the criteria, evidence and procedure that should be required to establish a geographical indication. Existing law risks misuse of this mechanism to unjustifiably protect domestic markets; the European Union is seeking protection for what appear to be grape varieties rather than geographical indications. Expected outcomes include evidence-based recommendations to government and industry. Project outcomes should benefit Australian economic interests by enhancing Australia’s ability to resist spurious geographical indication claims.Read moreRead less
Legal and social dynamics of eBook lending in Australia’s public libraries. Legal and social dynamics of eBook lending in Australia’s public libraries. This project aims to develop an evidence base of quantitative and qualitative data about how eBooks are used in libraries. EBooks have tremendous beneficial potential, particularly for Australians in remote areas and those with impaired mobility or vision. However, libraries’ rights to acquire and lend them are more restricted than for physical b ....Legal and social dynamics of eBook lending in Australia’s public libraries. Legal and social dynamics of eBook lending in Australia’s public libraries. This project aims to develop an evidence base of quantitative and qualitative data about how eBooks are used in libraries. EBooks have tremendous beneficial potential, particularly for Australians in remote areas and those with impaired mobility or vision. However, libraries’ rights to acquire and lend them are more restricted than for physical books. Libraries and legal, social and data science researchers will investigate eBook lending practices and understand their social impacts. The project will identify ways of reforming policy, law, and practice to help libraries fulfil their public interest missions. This project is expected to enable libraries to extract more value from existing public investments.Read moreRead less
National and Regional Patent Administration in Small to Medium-Sized States in the Global Economy. Patents and patent administration are key to the rules of the game in the knowledge economy. The study will analyse how a group of smaller national patent offices including Australia?s, are responding to the agenda of patent harmonization that is being led by the US, European and Japanese patent offices. What is the impact of this agenda on Australia's interests? Should Australia take the lead in ....National and Regional Patent Administration in Small to Medium-Sized States in the Global Economy. Patents and patent administration are key to the rules of the game in the knowledge economy. The study will analyse how a group of smaller national patent offices including Australia?s, are responding to the agenda of patent harmonization that is being led by the US, European and Japanese patent offices. What is the impact of this agenda on Australia's interests? Should Australia take the lead in pushing for a regional patent organization? Using sociolegal techniques, the study will answer these and other key questions facing Australian policy makers. The work of patent offices within APEC, ASEAN and the Pacific Island Forum (for example, NZ, Fiji, and China)will be the subject of in-depth fieldwork and analysis.Read moreRead less
Cultural Collections, Creators and Copyright: Museums, Galleries, Libraries and Archives and Australia's Digital Heritage. This project investigates current and emerging ways of using digital collections in museums, galleries, libraries and archives, in light of copyright law and the interests of creators. It serves the strong public interest in facilitating digital access to collections while efficiently managing copyright. Exploiting the potential of digital media and maximising Australia's cr ....Cultural Collections, Creators and Copyright: Museums, Galleries, Libraries and Archives and Australia's Digital Heritage. This project investigates current and emerging ways of using digital collections in museums, galleries, libraries and archives, in light of copyright law and the interests of creators. It serves the strong public interest in facilitating digital access to collections while efficiently managing copyright. Exploiting the potential of digital media and maximising Australia's creative capability both depend on providing adequate incentives for content production while granting access to creative material as a resource for new production. The project will assist Australia better manage its digital cultural collections and balance the interests of creators, institutions and public accessibility.Read moreRead less