Facilitation and Regulation of Research and Development Involving Human Genetic Databanks. Australia's medical biotechnology research feeds into our biotechnology industries, with flow-on benefits for national health and prosperity. Realisation of these benefits is contingent upon community protection and public trust. An effective and appropriate regulatory regime is a foundation requirement. This project aims to shape a national regulatory framework for human genetic databanks that both facili ....Facilitation and Regulation of Research and Development Involving Human Genetic Databanks. Australia's medical biotechnology research feeds into our biotechnology industries, with flow-on benefits for national health and prosperity. Realisation of these benefits is contingent upon community protection and public trust. An effective and appropriate regulatory regime is a foundation requirement. This project aims to shape a national regulatory framework for human genetic databanks that both facilitates research and maintains highest ethical standards. By examining the balance between facilitation and regulation, assessing existing law reform proposals, making recommendations for further reform, and placing this analysis in the international context, this project will significantly benefit the nation and the research community. Read moreRead less
Gene Patents in Australia: Options for Reform. Controversies over the upsurge in gene patenting, access to pharmaceuticals, biopiracy, and ownership of genetic resources, lead many to question whether patent law is appropriate for biotechnology. Do patents thwart access to beneficial technologies such as drugs, research tools and new crops, while hampering policy options for health care and agriculture? This project addresses the urgent need for a comprehensive study of the impact of biotech pat ....Gene Patents in Australia: Options for Reform. Controversies over the upsurge in gene patenting, access to pharmaceuticals, biopiracy, and ownership of genetic resources, lead many to question whether patent law is appropriate for biotechnology. Do patents thwart access to beneficial technologies such as drugs, research tools and new crops, while hampering policy options for health care and agriculture? This project addresses the urgent need for a comprehensive study of the impact of biotech patenting, critically reviewing overseas developments, setting biotechnology in the broader policy context of intellectual property law, and empirically analysing patterns rather than relying on the anecdotal and piecemeal studies that dominate this area.Read moreRead less
'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
Developing a systematic, inclusive and just jurisprudential account of TRIPS. The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) provides for the international regulation of the knowledge economy. Yet much of its text is legally uncertain, undermining its utility. This project will provide the first comprehensive scholarly jurisprudential account of TRIPS. This will enable greater certainty and efficiency in the enactment and implementation of compliant domesti ....Developing a systematic, inclusive and just jurisprudential account of TRIPS. The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) provides for the international regulation of the knowledge economy. Yet much of its text is legally uncertain, undermining its utility. This project will provide the first comprehensive scholarly jurisprudential account of TRIPS. This will enable greater certainty and efficiency in the enactment and implementation of compliant domestic legislation. The project will also provide the first socio-legal account of the WTO Dispute Resolution Body and the interpretive methodologies it employs for interpreting TRIPS. The project will also provide a jurisprudential account that promotes formally and substantively just dispute resolution outcomes.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
'Nothing Can Be Created Out of Nothing': Workers, Their Know-How and the Employment Relationships that Support Them. The importance of innovation, either in the form of intellectual property or know-how, to the Australian economy cannot be over-stated. Unlike statutory intellectual property schemes, worker-created know-how is both 'incentivised' and controlled through the contractual provisions of the worker-employer relationship. This project, through its empirical focus, will explore if (and h ....'Nothing Can Be Created Out of Nothing': Workers, Their Know-How and the Employment Relationships that Support Them. The importance of innovation, either in the form of intellectual property or know-how, to the Australian economy cannot be over-stated. Unlike statutory intellectual property schemes, worker-created know-how is both 'incentivised' and controlled through the contractual provisions of the worker-employer relationship. This project, through its empirical focus, will explore if (and how) the law, as it relates to know-how, promotes innovation in the workplace. Through the development of guidelines for best practice and reform proposals to fill gaps in the law, this research will increase the potential for innovation in all worker-employer relationships which will, in turn, maximise this country's creative and technological capability. Read moreRead less
...and by opposing, end them: A Comparative Examination of Opposition Processes in Patent Law. Patent law is central to the key Australian economic aim of encouraging an innovative culture. One aspect of patent law, the opposition process, is directly linked to two important issues currently facing our patent system: improving patent quality, and minimising predatory behaviour by powerful firms. This project will assess the operation of the opposition process here, and the practice of equivalent .......and by opposing, end them: A Comparative Examination of Opposition Processes in Patent Law. Patent law is central to the key Australian economic aim of encouraging an innovative culture. One aspect of patent law, the opposition process, is directly linked to two important issues currently facing our patent system: improving patent quality, and minimising predatory behaviour by powerful firms. This project will assess the operation of the opposition process here, and the practice of equivalent international procedures in other jurisdictions, in order to inform Australian policy in current and ongoing negotiations towards global harmonisation. Material from this project will lead directly to proposals for improving the Australian patent system, and ensuring that it promotes, and does not retard, innovation. Read moreRead less
The Future of Television: Australian Legal Protection of Digital Broadcast Content. Free-to-air broadcasting performs central democratic, economic and cultural functions, with a key place in Australia's media. But technological changes pose fundamental and urgent challenges for broadcasters. By investigating mechanisms to protect digital content, the project will advance understanding of a crucial issue in the digital economy. The project will increase understanding of options for protecting bro ....The Future of Television: Australian Legal Protection of Digital Broadcast Content. Free-to-air broadcasting performs central democratic, economic and cultural functions, with a key place in Australia's media. But technological changes pose fundamental and urgent challenges for broadcasters. By investigating mechanisms to protect digital content, the project will advance understanding of a crucial issue in the digital economy. The project will increase understanding of options for protecting broadcast content to promote innovation in content production and distribution, while not restraining reasonable content uses nor hindering innovative consumer electronics. Australian policies should foster an innovative and diverse broadcasting sector to serve Australian public interests. The project promotes this vital objective.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
Promoting Plant Innovation in Australia: maximising the benefits of intellectual property for Australian agriculture. The development of new plant varieties is crucial to the ongoing competitiveness and sustainability of Australian agriculture. It also has wider social, cultural and economic consequences. Intellectual property laws have the potential to promote and hinder the developments of new plant varieties. In recent years there has been a shift towards the use of patents to protect plant i ....Promoting Plant Innovation in Australia: maximising the benefits of intellectual property for Australian agriculture. The development of new plant varieties is crucial to the ongoing competitiveness and sustainability of Australian agriculture. It also has wider social, cultural and economic consequences. Intellectual property laws have the potential to promote and hinder the developments of new plant varieties. In recent years there has been a shift towards the use of patents to protect plant innovations: a trend which has the potential to transform existing research and development arrangements and industry practices in Australia. By providing policy-makers and stakeholders with recommendations on how to respond to and manage these changes, the project will promote plant breeding in Australia and also enhance the sustainability and competitiveness of Australian agriculture.Read moreRead less