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
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, 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 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.
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.