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 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.
This year marks the 25th anniversary of the founding of the Australian Intellectual Property Journal (AIPJ), Australia’s foremost specialised intellectual property law journal. Associate Professor David Lindsay*, is the fourth person to hold the general editorship in the 25 years in which the journal has been published. David took over the role of General Editor in September 2012 from ...more
The latest Part of the Australian Intellectual Property Journal includes three interesting articles. The first article is by Dan Hunter and discusses the recent Australian Law Reform Commission report proposing a fair use defence to copyright infringement in Australia, examining the experience of fair use cases in the United States and drawing lessons from the jurisprudential history. The second article, by Kimberlee Weatherall, analyses and contextualises the conclusions of the Australian Law Reform Commission regarding the retransmission scheme and assorted broadcast exceptions, arguing that more attention should be paid to cultural policies in thinking about copyright reform. The final article comes from Bob Wright and argues that the Australian government should amend the Copyright Act 1968 (Cth) in order to introduce United States-style fair use provisions as an additional open-ended exception to copyright sitting below, and integrated with, the current fair dealing exceptions.
Are you looking for new avenues in which to share your insights? Have you already written an article on Intellectual Property law that you would like to see published, or do you know someone who has? Do you want to get your name, your institution’s name or your firm’s name recognised for academic and professional ...more
The latest Part of the Australian Intellectual Property Journal includes the following articles: “Fairness and balance: Lessons from Canada for the proposed Australian law of fair use” – Melissa de Zwart; “Authorisation as accessorial liability: The overlooked role of knowledge” – Joachim Dietrich; and “Trade marks for the design and layout of retail premises” – Ben McEniery. Also included in this Part is a book review from David Brennan of “Code Wars – 10 Years of P2P Software Litigation” by Rebecca Giblin.
Thomson Reuters and the General Editor of the Australian Intellectual Property Journal, Associate Professor David Lindsay, are pleased to announce that Johnathon Liddicoat and James Longden are the joint winners of the 2013 Australian Intellectual Property Journal essay competition. Reflecting the high level and record number of entries received in 2013, the judging panel, consisting of the ...more
The latest Part of AIPJ includes the following articles: “Understanding the “safe harbour”: The prohibition on engaging in legal practice and its application to patent and trade marks attorneys in Australia” – Francesca Bartlett and Robert Burrell; “Accessing and affording drugs despite the patent barrier: Compulsory licensing and like arrangements?” – Charles Lawson; and “The American shop rights doctrine and the inventions of Australian employees” – Robert F Considine.
With the forthcoming December 2013 Special Issue of JLM being dedicated to the topic of “regulating the use of human bodily material”, readers might be interested in two articles published in the October 2013 issue of AIPJ. Ella O’Sullivan’s article analyses the patentability of human embryonic stem cells under s 18(2) of the Patents Act ...more
The latest part of the Australian Intellectual Property Journal publishes four interesting articles on a range of topics. The first article is by Ann L Monotti and examines the scope and meaning of the statutory tort for infringement of a patent by authorisation. The second article comes from Ella O’Sullivan who considers the current European and Australian positions regarding the patentability of human embryonic stem cells. The third article is by Belinda Huang who critically examines why Parliament failed to introduce an ethical exclusion against patentability in recent legislative changes. The final article comes from Dan Jerker B Svantesson and seeks to highlight how privacy is affected by, and affects, the application of copyright law in the context of online copyright piracy.