Designing world-class venture capital programs to support commercialisation of Australian research during and beyond an economic crisis. Government support of venture capital investment is vital for Australia’s economic prosperity. This project examines how foreign governments have tackled the effect of the financial crisis on such investment and provides policy options for ensuring Australia maintains internationally competitive programs in challenging economic times.
...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
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
Causation and Liability for Wrongs: A Globalised Analysis. All Australians pay when fundamental legal concepts are unclear. Practitioners' advice to clients becomes difficult, costly and uncertain. Disputants are more likely to litigate, putting unnecessary pressure on over-stretched court resources. Australians pay for courts through taxes and pay indirectly when commercial litigants push their higher legal costs down into the prices they charge. Drawing on materials world-wide this project w ....Causation and Liability for Wrongs: A Globalised Analysis. All Australians pay when fundamental legal concepts are unclear. Practitioners' advice to clients becomes difficult, costly and uncertain. Disputants are more likely to litigate, putting unnecessary pressure on over-stretched court resources. Australians pay for courts through taxes and pay indirectly when commercial litigants push their higher legal costs down into the prices they charge. Drawing on materials world-wide this project will produce a globally-applicable elaboration of two especially problematic concepts, causation and the extent of liability. Such clarification should reduce waste in the Australian economy while ensuring a basic requirement of justice: that like cases are treated alike. Assessment of damages.Read moreRead less
Freedom of Expression in Democratic States: A New Theoretical Direction. Modern democratic states must protect freedom of expression while also responding to the harms caused by hateful, violent and dangerous form of speech - a problem accentuated by increasing racial, religious and ethnic conflict and the threat of (and responses to) terrorism.
The project is important because it aims to develop a theory of freedom of expression that - free from the distorting influence of the United States ....Freedom of Expression in Democratic States: A New Theoretical Direction. Modern democratic states must protect freedom of expression while also responding to the harms caused by hateful, violent and dangerous form of speech - a problem accentuated by increasing racial, religious and ethnic conflict and the threat of (and responses to) terrorism.
The project is important because it aims to develop a theory of freedom of expression that - free from the distorting influence of the United States jurisprudence - can explain and guide the courts in other democratic countries. Its comparative and theoretical innovation will place Australian scholarship at the forefront of a central problem in modern political life and enrich scholarly and public debate.Read moreRead less
Compliance and enforcement of non-urban water extraction in New South Wales. This project will examine the compliance and enforcement practices of regulators and regulated communities in the water context. Results will provide legal and policy guidance to reshape compliance and enforcement strategies to effectively and efficiently enhance the legitimacy of water law, protect water resources and prevent overuse.
Discovery Early Career Researcher Award - Grant ID: DE170101536
Funder
Australian Research Council
Funding Amount
$346,000.00
Summary
Regulation and governance for the sustainable management of groundwater. This project aims to manage groundwater through analysing six national and international case studies. Groundwater management in Australia confronts a multi-dimensional crisis stemming from neglect, over-allocations and policy mismanagement. Overcoming this will require a transformation in the regulation and governance of groundwater. The project’s findings are expected to advance regulation and governance empirical theory, ....Regulation and governance for the sustainable management of groundwater. This project aims to manage groundwater through analysing six national and international case studies. Groundwater management in Australia confronts a multi-dimensional crisis stemming from neglect, over-allocations and policy mismanagement. Overcoming this will require a transformation in the regulation and governance of groundwater. The project’s findings are expected to advance regulation and governance empirical theory, normative and applied theory and provide policy solutions for sustainable groundwater management within a pluralistic governance model. This is significant and timely given planned policy reviews in the Murray Darling Basin, the effect of climate change and plans to develop agriculture in Northern Australia.Read moreRead less
Merits Review of Governmental Decision Making: Principles, Theory and Practice. This project will significantly enhance the quality and impact of decisions by federal courts and tribunals and raise the level of public policy debates in areas such as immigration. The concept and practice of merits review is fundamental to legal regulation of government by federal courts and tribunals. In a society that subscribes to the rule of law as a core value, accurate understanding of this concept and of t ....Merits Review of Governmental Decision Making: Principles, Theory and Practice. This project will significantly enhance the quality and impact of decisions by federal courts and tribunals and raise the level of public policy debates in areas such as immigration. The concept and practice of merits review is fundamental to legal regulation of government by federal courts and tribunals. In a society that subscribes to the rule of law as a core value, accurate understanding of this concept and of the way knowledge about merits review is communicated to administrators is essential. It will help eliminate inefficient and costly uncertainty and misunderstanding about what the law requires, and make a significant contribution to protecting the rights of individuals.Read moreRead less
Law, state sovereignty and religious terror: renewing the relevance of early modern political jurisprudence. Modern political thought has lost touch with early modern political jurisprudence. Premised on this hypothesis, the project reconstructs the historical role of political jurisprudence as the discipline that conferred legitimacy on the sovereign state under the rule of law, the great invention to end religious war. As a vital instrument of peaceful coexistence among Europe's warring faiths ....Law, state sovereignty and religious terror: renewing the relevance of early modern political jurisprudence. Modern political thought has lost touch with early modern political jurisprudence. Premised on this hypothesis, the project reconstructs the historical role of political jurisprudence as the discipline that conferred legitimacy on the sovereign state under the rule of law, the great invention to end religious war. As a vital instrument of peaceful coexistence among Europe's warring faiths, this early modern discipline is directly relevant to today's renewed concerns with public security against religious terror. The project will both recover the relevance of political jurisprudence, and provide a major historical corrective to anti-juridical and anti-statist research agendas.Read moreRead less