...and by opposing, end them: A Comparative Examination of Opposition Processes in Patent Law. Patent law is central to the key Australian economic aim of encouraging an innovative culture. One aspect of patent law, the opposition process, is directly linked to two important issues currently facing our patent system: improving patent quality, and minimising predatory behaviour by powerful firms. This project will assess the operation of the opposition process here, and the practice of equivalent .......and by opposing, end them: A Comparative Examination of Opposition Processes in Patent Law. Patent law is central to the key Australian economic aim of encouraging an innovative culture. One aspect of patent law, the opposition process, is directly linked to two important issues currently facing our patent system: improving patent quality, and minimising predatory behaviour by powerful firms. This project will assess the operation of the opposition process here, and the practice of equivalent international procedures in other jurisdictions, in order to inform Australian policy in current and ongoing negotiations towards global harmonisation. Material from this project will lead directly to proposals for improving the Australian patent system, and ensuring that it promotes, and does not retard, innovation. Read moreRead less
Obstacles to Contract Enforcement in Indonesia. The Australia-Indonesia Comprehensive Economic Partnership (IA-CEPA) came into force in 2020 but foreign investment in Indonesia has consistently failed to meet targets, largely due to concerns about the lack of reliable and just judicial contract enforcement. This project aims to investigate why predictable and fair contract enforcement in Indonesia is so inaccessible, particularly for foreign investors, and, through doctrinal and empirical resear ....Obstacles to Contract Enforcement in Indonesia. The Australia-Indonesia Comprehensive Economic Partnership (IA-CEPA) came into force in 2020 but foreign investment in Indonesia has consistently failed to meet targets, largely due to concerns about the lack of reliable and just judicial contract enforcement. This project aims to investigate why predictable and fair contract enforcement in Indonesia is so inaccessible, particularly for foreign investors, and, through doctrinal and empirical research, explain the causes of this situation. In partnership with Indonesian courts and lawyers, it also aims to support the development of legal and policy reform proposals that can help resolve Indonesia’s commercial contract enforcement problems and encourage Australian investment there.Read moreRead less
Towards Development of a Legal Framework for Regulation of International Marriage Migration. This project identifies gaps and inconsistencies in the legal frameworks which apply to the regulation of international marriage migration in the laws of ‘origin’ states such as Cambodia and Vietnam, and those of ‘destination’ states in East and Southeast Asia in relation to key concepts such as the purpose of marriage, the role of ‘the family’, the rights of women and of children born to such unions, an ....Towards Development of a Legal Framework for Regulation of International Marriage Migration. This project identifies gaps and inconsistencies in the legal frameworks which apply to the regulation of international marriage migration in the laws of ‘origin’ states such as Cambodia and Vietnam, and those of ‘destination’ states in East and Southeast Asia in relation to key concepts such as the purpose of marriage, the role of ‘the family’, the rights of women and of children born to such unions, and their citizenship and nationality. It will develop an analytical framework as the basis of a proposal for an international instrument to regulate international marriage migration.Read moreRead less
Designing world-class venture capital programs to support commercialisation of Australian research during and beyond an economic crisis. Government support of venture capital investment is vital for Australia’s economic prosperity. This project examines how foreign governments have tackled the effect of the financial crisis on such investment and provides policy options for ensuring Australia maintains internationally competitive programs in challenging economic times.
The World Trade Organization and Human Rights. The expansion of a liberalised trade regime has special importance for a trade-dependent small economy such as that of Australia. Yet this process within the WTO, particularly after the Cancun Ministerial meeting, has stalled. This inertia has in part been caused by tensions arising from the WTO/human rights debate. There is therefore an urgent need for cutting edge, thorough, balanced research on that topic. Furthermore, the investigation of th ....The World Trade Organization and Human Rights. The expansion of a liberalised trade regime has special importance for a trade-dependent small economy such as that of Australia. Yet this process within the WTO, particularly after the Cancun Ministerial meeting, has stalled. This inertia has in part been caused by tensions arising from the WTO/human rights debate. There is therefore an urgent need for cutting edge, thorough, balanced research on that topic. Furthermore, the investigation of the attitudes of Australia's neighbours to the human rights/trade debate will aid friendly relations and contribute to the promotion of global security, which is enhanced by the promotion of a just global economic system. Australia also benefits by being a world leader in this crucial debate. Read moreRead less
Delivering Effective Protection to Victims and Prevention of Human Trafficking in the Greater Mekong Sub-Region. The project will help safeguard Australia by improving our understanding of the nature of human trafficking in the Asia-Pacific region through victims' profiles and about what preventive measures work best. It will focus upon capacity building and co-ordination of NGO-State responses. It will contribute to Australia's continuing reputation as regional leader on these issues, by focusi ....Delivering Effective Protection to Victims and Prevention of Human Trafficking in the Greater Mekong Sub-Region. The project will help safeguard Australia by improving our understanding of the nature of human trafficking in the Asia-Pacific region through victims' profiles and about what preventive measures work best. It will focus upon capacity building and co-ordination of NGO-State responses. It will contribute to Australia's continuing reputation as regional leader on these issues, by focusing on high quality research to inform policy development and practice on aid effectiveness in the area of counter-human trafficking. This is expected to lead to significant social and economic benefits through building upon existing cooperative relationships.Read moreRead less
One Day, We'll All Invest This Way! Regulating Online Investment. This project will provide policy recommendations to promote national research priority 3: particularly goals 4 & 5. It will do this by using good regulation to increase the safety of online investing services. It will bring to Australia international expertise not available here, crucial to good regulation of online investing. If investors trust this mostly beneficial technology it will further Australians' prosperity through in ....One Day, We'll All Invest This Way! Regulating Online Investment. This project will provide policy recommendations to promote national research priority 3: particularly goals 4 & 5. It will do this by using good regulation to increase the safety of online investing services. It will bring to Australia international expertise not available here, crucial to good regulation of online investing. If investors trust this mostly beneficial technology it will further Australians' prosperity through investment e.g. for retirement. Competitive advantage through good regulation will bring overseas investors to Australia through the Internet. It will consolidate its role as a financial centre. With 51% of adults owning shares, this research could save Australians more than $1.6 billion per annum! Read moreRead less
Religious autonomy and the restriction of rights or freedoms by religious communities: comparative and theoretical approaches. Religious communities must be autonomous in order to protect their unique identity and mission. Yet in exercising their autonomy they may interfere with the rights or freedoms of others. This project's sophisticated analysis of the tension between the two sets of rights will offer a resolution that strengthens Australia's social fabric.
International Criminal Justice: Law, Policy and its Relevance to Australia's security. International Criminal Justice (ICJ) is a discipline of increasing importance in global and national responses to atrocity and violence, in particular war crimes and terrorism. Australia's security, as well as its standing in the international community is directly affected by the way it understands and applies ICJ. This project will benefit the Australian community by analysing and developing an understanding ....International Criminal Justice: Law, Policy and its Relevance to Australia's security. International Criminal Justice (ICJ) is a discipline of increasing importance in global and national responses to atrocity and violence, in particular war crimes and terrorism. Australia's security, as well as its standing in the international community is directly affected by the way it understands and applies ICJ. This project will benefit the Australian community by analysing and developing an understanding of the law and policy issues affecting how we treat war crimes and terrorism and by engaging not just with the academic and practitioner community in Australia and internationally, but with government representatives from the Attorney-General's, Foreign Affairs and Defence Departments.Read moreRead less
Australian Parliaments and the Protection of Human Rights. Those involved in human rights debates have paid too much attention to the role of courts in protecting human rights and too little attention to legislatures - the most important democratic institutions in States (Waldron 1993, 1999). This project will help to redress this imbalance by providing the first detailed analysis of the way in which human rights are taken into account at each stage of the parliamentary process at both Commonwea ....Australian Parliaments and the Protection of Human Rights. Those involved in human rights debates have paid too much attention to the role of courts in protecting human rights and too little attention to legislatures - the most important democratic institutions in States (Waldron 1993, 1999). This project will help to redress this imbalance by providing the first detailed analysis of the way in which human rights are taken into account at each stage of the parliamentary process at both Commonwealth and State levels. It will provide the basis for a more informed debate in this important area and will assess the need for reform of the current system.Read moreRead less