*Please note that the links to the content in this Part will direct you to Westlaw AU.
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The latest issue of the Australian Intellectual Property Journal (Volume 24 Part 3) contains the following material:
The Australian Law Reform Commission inquiry into Copyright and the Digital Economy has recommended that “a broad, flexible exception for fair use” should be introduced into the Copyright Act 1968 (Cth). This proposal must be analysed in the context of the significant consideration recently given to the need for reform of fair dealing law in Australia and overseas. This article examines the potential scope for an Australian law of fair use in the light of previous reform attempts and the apparent transformation of Canadian fair dealing law as a consequence of major legislative reform and judicial reconfiguration of copyright as reflecting a balance of owners’ and users’ rights.
Authorisation as accessorial liability: The overlooked role of knowledge – Joachim Dietrich
The concept of authorisation of an infringement of intellectual property rights has not been uniformly interpreted or applied in Australia and the United Kingdom. This article argues that authorisation is a form of accessorial liability. As such, it creates liability for wrongdoing that requires proof both of acts of involvement in the principal wrongdoer’s infringement, and that such involvement is engaged in with a requisite mental element. The law of authorisation has been troubled precisely because the concept does not expressly refer either to the types of involvement that it encompasses, nor the mental state that is required. Without adequate consideration of these two factors, and particularly an express focus on the level of knowledge and the content of such knowledge that is in many contexts critical, the law will continue to be opaque and make the application of “authorisation” difficult to predict.
Trade marks for the design and layout of retail premises – Ben McEniery
In January 2013, Apple Inc obtained United States trademarks for the design and layout of its retail stores. While innovative brand protection strategies of this kind are not without precedent in the United States, traders in Australia have seemingly not adopted them. This article considers the prospects of an applicant seeking to register a similar trade mark in Australia and the protection such a registration would likely provide.
- The nimble geeks versus the clumsy goons – David Brennan
For the pdf version of the table of contents, click here: WAU – AIPJ Vol 24 Pt 3 Mar 14.