Australian Intellectual Property Journal (AIPJ)
Discourse on the interplay of intellectual property, markets and technology
About the Journal
The Australian Intellectual Property Journal (ISSN: 1038-1635) examines important intellectual property law issues and developments within Australia and around the globe.
Articles cover the whole range of intellectual property law issues including copyright, trade marks, patent law, industrial design and unfair competition, as well as legal issues implicated in the new computing, telecommunications, multi-media, and internet technologies.
Contributors are acknowledged experts in the fields of intellectual property and technology law.
Dr David J Brennan is a Visiting Academic at the University of Technology Sydney and currently teaches copyright law at Monash University. Formerly a professor of patent law at Oxford University, he specialises in the fields of patent and copyright law, with a particular focus on their connections with contracts, property, restitution, international and trade law. David served as General Editor from 2007 to 2012, prior to the current General Editor Professor David Lindsay taking on the role.
David received his law degree from University of Melbourne in 1992 and completed his PhD from the same university in 2003. He has been involved in Australian copyright law reform activities for decades and is a consultant for Screenrights, a rights management organisation in Australia.
Dr David Lindsay is an Associate Professor at Monash University, where he teaches copyright, intellectual property, cyberlaw and trusts. He is an expert in technology, copyright and privacy law and has written extensively on these topics, including his 2007 book, International Domain Name Law: ICANN and the UDRP (Hart, 2007). From 2007-2010 he was a co-author of the legal service, Lahore and Rothnie, Copyright and Designs (LexisNexis/Butterworths, 1996- ).
Since 2008 he has been a member of the Media and Communications Committee of the Law Council of Australia and in 2011-2012 was a member of the Copyright Council Expert Group. He is currently a board member of the Australian Privacy Foundation and a member of the expert Advisory Committee for the ALRC reference on Copyright and the Digital Economy.
His current research interests include digital copyright, privacy and social networking sites and intermediary liability.
Professor Dianne Nicol is a professor of law at the University of Tasmania in Australia and director of the Centre for Law and Genetics (CLG), which is housed in the Law Faculty. The broad theme of the CLG’s research is the regulation of biotechnology, human genetics and genomics and stem cell technology. Dianne’s research at the CLG particularly focuses on the legal and social issues associated with the commercialisation of genetic knowledge and patenting of genetic inventions. She is also more broadly interested in a range of aspects of intellectual property law in her teaching and research.
She has held a number of Australian Research Council (ARC) discovery grants and currently leads two ARC funded projects, one on the legal, research ethics and social issues associated with genomic data sharing and the other on the regulation of innovative health technologies. Dianne also holds the role of Chair of Academic Senate at the University of Tasmania. In 2012 Dianne was appointed to a three-member expert panel to review pharmaceutical patenting in Australia. She has also been a member of two principal committees of the Australian National Health and Medical Research Council, the Australian Health Ethics Committee and the Embryo Research Licensing Committee in the triennium from 2015 to 2018 and the Gene Technology Ethics and Community Consultative Committee of the Office of the Gene Technology Regulator from 2017 to 2018. She is a Fellow of the Australian Academy of Law.
Hon W M C Gummow AC QC, Former Chief Justice of the High Court of Australia
Ann Dufty, Solicitor, Melbourne
David Llewelyn, Professor of IP Law, King’s College London; Professor (Practice), School of Law, Singapore Management University
Michael D Pendleton, Professor,School of Law, Chinese University of Hong Kong; Emeritus Professor, Murdoch University, Perth
Warwick A Rothnie, Barrister
Dr Damian Slizys, Partner, F B Rice & Co, Melbourne
Dr Melissa DeZwart, Associate Professor, University of Adelaide
Janice Luck, Honorary Senior Fellow, Melbourne Law School, University of Melbourne
The following websites contain details of material published in the Journal:
http://legal.thomsonreuters.com.au/australian-legal-journals-index-online/productdetail/85643 (Australian Legal Journals Index)
https://clarivate.com/products/web-of-science/ (Web of Science Emerging Sources Citation Index)
The Australian Legal Journals Index is an online legal database prepared by the Lionel Murphy Library of the Commonwealth Attorney-General’s Department. It is produced by Thomson Reuters and is available via subscription.
The ESCI (Emerging Sources Citation Index) is an online database formerly produced by Thomson Reuters and now maintained by Clarivate Analytics. It is part of the Web of Science Core Collection and is available via subscription.
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For the individual contents pages for each Part, click here.
The latest Part of the Australian Intellectual Property Journal includes the following articles: “Saving Your Games: A Case for the Copyright Protection of Gameplay” – Joseph Lau Chin Yang; “Does s 122A of the Trade Marks Act Achieve the Australian Government’s Policy Goal of Allowing for the Parallel Importation of Genuine Goods?” – Omid Komeili; and “Joint Authorship and the Contribution of Ideas: English Lessons in Kogan” – Claire Roberts. Also in this Part are the following sections: Editorial; and Obituary: Vale Peter Heerey.
The latest Part of the Australian Intellectual Property Journal includes an Editorial by David Lindsay as well as the following articles: “Related Rights of Press Publishers and Their Limitations under the EU Directive on Copyright in the Digital Single Market” – Elżbieta Czarny-Drożdżejko; “Onus, Presumptions and Registrability under New Zealand Trade Mark Law” – Rob Batty; and “Contracting Out, Fair Dealing, and Public Policy: The Australian Perspective” – Alexander Sloan and Lucy Cradduck.
The latest Part of the Australian Intellectual Property Journal includes the following articles: “Protection of Australian Regional Names as Food Geographical Indications – South Australian Case Study: Part 2” – Dr Paula Caroline Zito; “Trade Secrets: Promoting Innovation in Biosimilars” – Teddy Henriksen; and “The Inevitable Actors: An Analysis of Australia’s Recent Anti-piracy Website Blocking Laws, Their Balancing of Rights and Overall Effectiveness” – Peter Carstairs. There is also an Editorial by Dianne Nicol.
The latest Part of the Australian Intellectual Property Journal includes the following articles: “Creative Machines: AI and IP Rights in Digital Authorship and Patentable Inventions” – Francina Cantatore; “Protecting the Golden Egg: Can Australian Copyright Law Respond to the Growing Problem of Live Sports Broadcast Piracy?” – Lachlan Gepp; and “Time to Face the Music: Lifting the Australian Commercial Radio Royalty Cap” – Mary Whitehead. There is also an Editorial by Dr David Brennan.
The latest Part of the Australian Intellectual Property Journal includes the following articles: “The Right to Repair: Perspectives from the United States” – Leah Chan Grinvald and Ofer Tur-Sinai; “European Steps to the Right to Repair: Towards a Comprehensive Approach to a Sustainable Lifespan of Products and Materials?” – Taina Pihlajarinne; “Anti-circumvention Prohibitions and the Function of the Work” – Graeme W Austin; “Revisiting the Repair Defence in the Designs Act (2003) in Light of the Right to Repair Movement and the Circular Economy” – Leanne Wiseman and Kanchana Kariyawasam; “Rewriting Judicial History or Just Refilling Ink? Patents and the Right to Repair in Australia Post-Calidad: “Logic, Simplicity and Coherence with Legal Principle” Prevail over “Rights Which They Have Held for More Than a Century”” – Michael Williams and Vanessa Farago-Diener; and “Certified Repairable: Using Trade Marks to Distinguish, Signal and Encourage Repair” – Jay Sanderson and Teddy Henriksen. There is also an Editorial by Leanne Wiseman and Kanchana Kariyawasam.
The latest Part of the Australian Intellectual Property Journal includes the following articles: “Who Is the Crown for the Purposes of the Copyright Act 1968 (Cth)?” – Dilan Thampapillai; “Conflicting Interests, Competing Perspectives and Policy Incoherence: COVID-19 Highlights the Significance of the United Nations High-Level Panel Report on Access to Medicines” – Muhammad Zaheer Abbas; “Protection of Australian Regional Names as Food Geographical Indications – South Australian Case Study: Part 1” – Dr Paula Caroline Zito; and “Quantitative Assessment of Applications for Plant Breeder’s Rights under the Plant Breeder’s Rights Act 1994 (Cth) from 1994 to 2019” – Charles Lawson and Andrew Cecil. There is also an Editorial by Professor Dianne Nicol.
The latest Part of the Australian Intellectual Property Journal includes the following articles: “Patenting Software Inventions, Abstract Ideas, and Judicial Characterisation: The Shift Away from Recognising Patentability of Computer Software in Australia after Encompass, Rokt and Aristocrat” – Michael Williams and Vanessa Farago-Diener; “Crown Copyright 2.0 in Canada” – Ysolde Gendreau; and “Artificial Intelligence: Painting the Bigger Picture for Copyright Ownership” – Courtney White and Rita Matulionyte. There is also an Editorial by David Lindsay.
The latest Part of the Australian Intellectual Property Journal includes the following articles: “IP Law Reform in Australia: A Story of Mixed Successes and Failures” – Sam Ricketson; and “The Productivity Commission and the Prevalence, Prohibition and Proposed Monitoring of Pay-for-Delay Agreements within Australia: A Comparative Analysis with the United States” – Chantel Cotterell. There is also an Editorial by Dr David Lindsay.
The latest Part of the Australian Intellectual Property Journal includes the following articles: “Do Wrongs Make a (Copy)right? Illegal Works and Copyright Subsistence Under Australian Law” – Jordan Leahy and Jani McCutcheon; “If Value Then Right? Copyright and Works of Non-human Authorship” – Dilan Thampapillai; and “Limiting Access, Limited Blocking: Evidence and Practice in s 115A Injunctions” – Rob Nicholls. There is also an Editorial by Dianne Nicol and an Obituary for Vale Jim Lahore.
The latest Part of the Australian Intellectual Property Journal includes the following articles: “An Empirical Analysis of 15 Years of Australian Domain Name Disputes” – Andrew F Christie, James Gloster and Sarah Goddard; “Protecting Profits Post-Patent Expiry: ACCC v Pfizer, Patents and Competition Law” – Arlen Duke and Rhonda L Smith; and “Mitey Marks and Expressive Uses of Culturally Significant Trade Marks in Australia” – Genevieve Wilkinson. There is also an Editorial by David Brennan.