...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 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
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
'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
Drug Companies, their Patenting Strategies and High-Cost Pharmaceuticals: An Empirical Investigation. Pharmaceuticals are a vital part of clinical services that maintain and improve Australia's health; they are also costly, absorbing a substantial proportion of the national health expenditures. By conferring market protections, the patent system helps the manufacturers of pharmaceuticals to recoup the high costs of research associated with developing new products. Abuses of the patent system by ....Drug Companies, their Patenting Strategies and High-Cost Pharmaceuticals: An Empirical Investigation. Pharmaceuticals are a vital part of clinical services that maintain and improve Australia's health; they are also costly, absorbing a substantial proportion of the national health expenditures. By conferring market protections, the patent system helps the manufacturers of pharmaceuticals to recoup the high costs of research associated with developing new products. Abuses of the patent system by pharmaceutical manufacturers have the potential to stifle competition and inappropriately raise the costs of pharmaceuticals to society. This innovative, cross-disciplinary, research will investigate the existence of abusive patents and, if necessary, propose reforms that will prevent further abuse and reduce the size of the health budget. 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