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 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.
Hon Mr Justice Gummow AC, 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
Hon Peter C Heerey AM QC, Barrister, Chairperson, Australian Electoral Commission
Dr Damian Slizys, Partner, F B Rice & Co, Melbourne
Dr Melissa DeZwart, Associate Professor, University of Adelaide
Janice Luck, Senior Lecturer, Melbourne Law School, University of Melbourne
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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 content: “Whose Fair Dealing? Third-Party Reliance on the Fair Dealing Exception for Parody or Satire” – Jani McCutcheon and Simon Holloway; “The Protection of Plant Varieties and Farmers Rights Act 2001 (In) and New Plant Varieties, Extant Varieties and Farmers’ Varieties: A New Form of Property?” – Emma Trustum-Behan and Charles Lawson; “Some Observations on Trans-Tasman Trade Mark Law” – Paul Sumpter.
The latest Part of the Australian Intellectual Property Journal includes the following content: “To Boldly Reform IP Dispute Resolution: Experience in the IP Enterprise Court” – The Hon Mr Justice Birss; “Cantarella Bros Pty Ltd v Modena Trading Pty Ltd: A Step in the Wrong Direction for Trade Mark Registration in Australia” – Alexander Thomas; “Pay or Else: How Protected are Australian Internet Account Holders from Speculative Invoicing after Dallas Buyers Club?” – Joshua Yuvaraj.
The latest Part of the Australian Intellectual Property Journal includes the following content: “Three dimensions of patent infringement: Liability for creation and distribution of CAD files” – John Liddicoat, Jane Nielsen and Dianne Nicol; “The secondary sale, copyright conundrum: Why we need a secondary market for digital content” – Jessica Stevens; and “IP in transition: Desperately seeking the big picture” – Jeremy Phillips (based on the author’s presentation delivered at the Sixth Francis Gurry Public Lecture on Intellectual Property, Melbourne Law School on 12 November 2014).
The latest Part of the Australian Intellectual Property Journal is a compilation honouring the contributions of Janice Luck upon her retirement from academia, and includes the following content, focusing primarily on trade mark and designs law: “A requiem for Champagne Heidsieck: Trade mark use and parallel importation” – Robert Burrell and Michael Handler; “The luckless plan to plan infringer” – David J Brennan; “The various legal challenges to tobacco packaging regulations” – Mark Davison; and Registering non-traditional signs as trade marks in Australia: A retrospective” – Dr Amanda Scardamaglia and Mitchell Adams. There is also an Editorial by General Editor Dr David Lindsay, and a tribute penned by Professor Sam Ricketson.
The latest Part of the Australian Intellectual Property Journal includes the following content: “The innovation patent system: Lessons for Australia in the IP reform process” – Mark Davison; “Invisible trademark infringement and passing off on the internet: Meta-tags, search engines, initial interest confusion and reform” – Mahmoud Mando.
The latest Part of the Australian Intellectual Property Journal includes the following content: “At the intersection of public service and the market: Libraries and the future of lending” – Rebecca Giblin and Kimberlee Weatherall; “Information, intellectual property and the global information system for plant genetic resources for food and agriculture” – Charles Lawson; and “Legal support for the interests of Aboriginal and Torres Strait Islander peoples in the commercial development of new native plant varieties: Current status and future options” – Kylie Lingard. Also included in this Part is a book review from David Brennan of “The Law Emprynted and Englysshed – The Printing Press as an Agent of Change in Law and Legal Culture 1475-1642” by David J Harvey.
The latest Part of the Australian Intellectual Property Journal includes the following articles: “Gene-related patents in Australia and New Zealand: Taking a step back” – Jessica Lai; “Do software patents inhibit open source licensing in Australia?” – James Scheibner and Dianne Nicol; and “Swim at your own risk: Patent pools in Australia” – Richard Hoad and Deborah Polites.
The latest Part of the Australian Intellectual Property Journal includes the following articles: “Critical examination of the principles for determining whether trade marks are deceptively similar: A quest for more predictable decision making” – Janice Luck; “Intellectual property rights and the PPSA: Challenges for interest holders, creditors and practitioners” – Francina Cantatore; and “Copyright duration in Australia: 1869 to 2014” – Catherine Bond and Graham Greenleaf.
The latest Part of the Australian Intellectual Property Journal publishes the following articles: “Searching for the silver bullet: How website blocking injunctions are changing online IP enforcement” – Michael Williams and Rebecca Smith; “Another missed opportunity to reform compulsory licensing and Crown use in Australia” – Jane Nielsen, Dianne Nicol, John Liddicoat and Tess Whitton; and “The limitations of the Australian resale royalty scheme and its implications for artists” – Jennifer Kwong.
The latest Part of the Australian Intellectual Property Journal includes the following material: “Repeatability or reproducibility in Australian patent law” – Ben McEniery; “Re-evaluating innocent infringement in Australia: Patent numbers and virtual marking” – Johnathon E Liddicoat; “Trade mark use and misleading advertising in Google AdWords: A comparative analysis of search engine liability in Australia and Europe” – James Alexander Longden; Case Note: Halal Certification Authority Pty Ltd v Scadilone Ltd  FCA 614.