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Australian Intellectual Property

ISBN 9780195598469
Edition 2
Publication Date
Publisher OUP Australia & New Zealand
Intellectual property laws now impact on our daily lives in much more obvious ways than in the past and affect the way we access or engage with technology, medicine, nature, education and entertainment. This text uses broader social and economic contexts to locate the black letter law in the everyday, making it an accessible introduction to IP that will equip students with a foundation of legal knowledge for either entry level legal practice or to progress into more specialised postgraduate.In relation to the key areas—copyright, designs, patents, confidential information, passing off and trade marks— the book covers:a policy overview of the legal category, its history and emerging trends;an explanation of the structure of the legislation and associated rights; andleading case extracts to elucidate key legal principles and tensions.Key FeaturesWith a primary focus on Australian law, this text also has an awareness of comparative law, especially UK, EU and US law.A unique casebook methodology and approach to the selection of cases which covers the basics, while keeping current policy challenges and international perspectives at the fore. In relation to difficult or controversial concepts, the authors provide: precedent; the current leading authority; a counterpoint (comparative perspective).New to this editionNew Chapter —‘Criteria for Subsistence of Copyright’, to address the significant developments in this area of Australia law following Ice Tv Pty Ltd v Nine Network Australia Pty Ltd (2009).Extensive discussion of the impact of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (Cth), particularly in relation to substantive patent law.Discussion of key policy proposals, including the Australian Law Reform Commission’s Report No 122, Copyright and the Digital Economy (2013) and the Advisory Council on Intellectual Property’s Review of the Designs System: Options Paper (2014).New cases and extracts including: EMI Songs Australia Pty Ltd v Larrikin Music Publishing Pty Ltd (2011); National Rugby League Investments Pty Ltd v SingTel Optus Pty Ltd (2012); Roadshow Films Pty Ltd v iiNet Ltd (2012); Seafolly Pty Ltd v Fewstone Pty Ltd (2014); Research Affiliates LLC v Commissioner of Patents (2014); D’Arcy v Myriad Genetics Inc (2014); Apotex Pty Ltd v Sanofi-Aventis Australia Pty Ltd (2013); Generic Health Pty Ltd v Bayer Pharma Aktiengesellschaft (2014); Bodum v DKSH Australia Pty Ltd (2011); DC Comics v Cheqout Pty Ltd (2013); and Cantarella Bros Pty Ltd v Modena Trading Pty Ltd (2014) and many more.

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