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 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
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
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
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
...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 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