The Sustainable Use of Australia's Biodiversity: Transfer of Traditional Knowledge and Intellectual Property. Australia has a diverse and unique resource in its native and natural biology. Its indigenous peoples have learned to harness this resource and have accumulated knowledge of its usefulness to humans in the treatment of illnesses and ailments. It is in the national interest that this knowledge be exploited and that the benefits be shared equitably with them, but importantly that its pot ....The Sustainable Use of Australia's Biodiversity: Transfer of Traditional Knowledge and Intellectual Property. Australia has a diverse and unique resource in its native and natural biology. Its indigenous peoples have learned to harness this resource and have accumulated knowledge of its usefulness to humans in the treatment of illnesses and ailments. It is in the national interest that this knowledge be exploited and that the benefits be shared equitably with them, but importantly that its potential in pharmaceuticals and treatments be maximised by Australian researchers and industry. This project looks at how patent regulation can be improved to meet these national interests.Read moreRead less
Co-operative intellectual property management and technology transfer for the Australian biotechnology industry. The Australian biotechnology industry rests on a framework of internationally competitive research and should be well placed to capture a significant share of expanding global markets. However, existing intellectual property (IP) management strategies do not make the most of this potential because they raise barriers to much-needed co-operation among industry players. By developing an ....Co-operative intellectual property management and technology transfer for the Australian biotechnology industry. The Australian biotechnology industry rests on a framework of internationally competitive research and should be well placed to capture a significant share of expanding global markets. However, existing intellectual property (IP) management strategies do not make the most of this potential because they raise barriers to much-needed co-operation among industry players. By developing and refining new co-operative IP management models in an Australian context, this project offers direct economic benefits (more efficient industry structures), improved social and economic benefits (better and cheaper biotechnology products and services), and an opportunity for Australia to take the lead in developing innovative approaches to IP management.Read moreRead less
The innovation pool in Australian biotechnology: assessing strategies for fostering innovation through patenting and patent pooling. The current patent system was designed for a very different research environment than that in which the global biotechnology industry operates. Rather than facilitating innovation there is evidence that the system can unduly restrict R&D. Patent pooling is being promoted internationally as a way to facilitate innovation. However, potential pitfalls are also recogni ....The innovation pool in Australian biotechnology: assessing strategies for fostering innovation through patenting and patent pooling. The current patent system was designed for a very different research environment than that in which the global biotechnology industry operates. Rather than facilitating innovation there is evidence that the system can unduly restrict R&D. Patent pooling is being promoted internationally as a way to facilitate innovation. However, potential pitfalls are also recognised, and work is underway to develop appropriate regulation. Australia cannot afford to be left behind: urgent consideration must be given to the desirability of patent pooling and the regulatory changes that are required to allow it to function in the national interest. The proposed research will provide the data necessary to make informed decisions on this critical issue. Read moreRead less
Copyright and Cultural Institutions: Digitising Collections in Public Museums, Galleries and Libraries. Digital technology gives cultural institutions significant new avenues for research, preservation and public access to collections, but also raises substantial issues about copyright management. This project investigates how museums, galleries and libraries are digitising material under Australian copyright law. Legal and sociological research involving collaboration with six leading cultura ....Copyright and Cultural Institutions: Digitising Collections in Public Museums, Galleries and Libraries. Digital technology gives cultural institutions significant new avenues for research, preservation and public access to collections, but also raises substantial issues about copyright management. This project investigates how museums, galleries and libraries are digitising material under Australian copyright law. Legal and sociological research involving collaboration with six leading cultural institutions will produce digitisation guidelines facilitating appropriate copyright management, and will underlie an evaluation of copyright law and industry practice. This case-study of how digital technology changes relationships between copyright owners, users and the general public offers major contributions to a central public policy issue about digital copyright.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
Amateur Hour: The Sociolegal Construction of Amateur Media. This project addresses Research Priority 3, specifically the priority goal of Promoting an Innovation Culture and Economy. The rise of amateur networked production is a highly significant transformation in Australia's cultural and media industries. Innovation policy provides incentives for the socially-optimal production of new works, but amateurs do not produce for commercial gain, and may not respond to commercial incentives of inte ....Amateur Hour: The Sociolegal Construction of Amateur Media. This project addresses Research Priority 3, specifically the priority goal of Promoting an Innovation Culture and Economy. The rise of amateur networked production is a highly significant transformation in Australia's cultural and media industries. Innovation policy provides incentives for the socially-optimal production of new works, but amateurs do not produce for commercial gain, and may not respond to commercial incentives of intellectual property. The project articulates motivations, incentive and conditions for amateur content production.Read moreRead less
Traditional knowledge and intellectual property: A comparison of current approaches in Australia, Indonesia and the Philippines. The concepts of 'indigenous cultural and intellectual property rights' and 'traditional resource rights' have sparked a debate between resource-rich developing countries and technology rich industrialised nations, because of their importance for biotechnology and pharmaceutical research. This comparative study combines legal analysis and fieldwork to critically examine ....Traditional knowledge and intellectual property: A comparison of current approaches in Australia, Indonesia and the Philippines. The concepts of 'indigenous cultural and intellectual property rights' and 'traditional resource rights' have sparked a debate between resource-rich developing countries and technology rich industrialised nations, because of their importance for biotechnology and pharmaceutical research. This comparative study combines legal analysis and fieldwork to critically examine cultural assumptions about the relationship of indigenous communities to their symbols and their environment. The examination will extend to Southeast Asia to discover different concepts of 'indigenous' and different mechanisms for the interaction between state and customary law. Asian experiences with legislation in this field will provide useful insights for legislators in Australia.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
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
Unlocking IP - Expanding public rights and the public domain in Australian copyright. This research investigates how Australia's digital commons, comprising both the public domain and public rights created by open content and open software licensing, can be expanded and protected. It focuses on 'self help' actions within the existing statutory context, in Australia's distinct legal and cultural context, and on comprehensiveness. Its significance is that healthy commons-based production of inform ....Unlocking IP - Expanding public rights and the public domain in Australian copyright. This research investigates how Australia's digital commons, comprising both the public domain and public rights created by open content and open software licensing, can be expanded and protected. It focuses on 'self help' actions within the existing statutory context, in Australia's distinct legal and cultural context, and on comprehensiveness. Its significance is that healthy commons-based production of information is essential to Australia as an innovative country and a democracy. The principal outcomes will be better understood and more efficient public rights licences, incentives to copyright owners to create them, and technical aids to allow users to find commons content.Read moreRead less