Australian Intellectual Property

Second Edition

Kathy Bowrey, Michael Handler, Dianne Nicol, and Kimberlee Weatherall

A unique casebook methodology and approach to the selection of cases that covers the basics, while keeping current policy challenges and international perspectives at the fore
With a primary focus on Australian law, this text also has an awareness of comparative law, especially UK, EU and US law
Extensive discussion of the impact of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (Cth), including comparative reference to EU and US case 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)

Australian Intellectual Property

Second Edition

Kathy Bowrey, Michael Handler, Dianne Nicol, and Kimberlee Weatherall

Description

Intellectual property laws now impact on our daily lives in much more obvious ways than in the past and effect how we access or engage with technology, medicine, nature, education and entertainment. Australian Intellectual Property 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 practice or to progress into more specialised postgraduate study of IP law.

In relation to the key areas- copyright, design, patents, confidential information, passing off and trademarks the book provides:
a policy overview of the legal category, its history and emerging trends
an explanation of the structure of the legislation and associated rights
leading case extracts to elucidate key legal principles and tensions

The new edition includes a new chapter on the 'Criteria for the Subsistence of Copyright' to address the significant developments in this area of Australia law following IceTv v Nine Network Australia (2009), extensive discussion of the impact of Intellectual Property Laws Amendment (Raising the Bar) Act 2012(Cth), and new cases and extracts.

Australian Intellectual Property

Second Edition

Kathy Bowrey, Michael Handler, Dianne Nicol, and Kimberlee Weatherall

1. Introduction: Australian Intellectual Property Law in the Global Marketplace
2. Copyright Law: History, Justifications and Basic Principles
3. Criteria for Subsistence of Copyright
4. Copyright Subject Matter
5. Ownership and Exploitation of Copyright
6. Infringement of Copyright
7. Other Rights of Creators and Owners
8. Registered Designs
9. Patent Law: Justification, History and Context
10. The Subject Matter of Patentable Inventions: Manner of Manufacture
11. The Patent Criteria
12. Disclosure and Claiming Requirements
13. Patent Ownership, Rights and Limitations
14. Trade Secrets: Protection of Confidential Information
15. Trade Marks, Passing off and Protecting Trade Reputation: History, Justifications and Context
16. Passing Off and Consumer Protection Legislation
17. Registered Trade Marks: Procedural and Substantive Requirements for Registration
18. Registered Trade Marks: Infringement, Defences, Loss of Rights and Exploitation
19. Intellectual Property Litigation and Remedies