Facilitation and Regulation of Research and Development Involving Human Genetic Databanks. Australia's medical biotechnology research feeds into our biotechnology industries, with flow-on benefits for national health and prosperity. Realisation of these benefits is contingent upon community protection and public trust. An effective and appropriate regulatory regime is a foundation requirement. This project aims to shape a national regulatory framework for human genetic databanks that both facili ....Facilitation and Regulation of Research and Development Involving Human Genetic Databanks. Australia's medical biotechnology research feeds into our biotechnology industries, with flow-on benefits for national health and prosperity. Realisation of these benefits is contingent upon community protection and public trust. An effective and appropriate regulatory regime is a foundation requirement. This project aims to shape a national regulatory framework for human genetic databanks that both facilitates research and maintains highest ethical standards. By examining the balance between facilitation and regulation, assessing existing law reform proposals, making recommendations for further reform, and placing this analysis in the international context, this project will significantly benefit the nation and the research community. Read moreRead less
Developing a systematic, inclusive and just jurisprudential account of TRIPS. The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) provides for the international regulation of the knowledge economy. Yet much of its text is legally uncertain, undermining its utility. This project will provide the first comprehensive scholarly jurisprudential account of TRIPS. This will enable greater certainty and efficiency in the enactment and implementation of compliant domesti ....Developing a systematic, inclusive and just jurisprudential account of TRIPS. The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) provides for the international regulation of the knowledge economy. Yet much of its text is legally uncertain, undermining its utility. This project will provide the first comprehensive scholarly jurisprudential account of TRIPS. This will enable greater certainty and efficiency in the enactment and implementation of compliant domestic legislation. The project will also provide the first socio-legal account of the WTO Dispute Resolution Body and the interpretive methodologies it employs for interpreting TRIPS. The project will also provide a jurisprudential account that promotes formally and substantively just dispute resolution outcomes.Read moreRead less
'Nothing Can Be Created Out of Nothing': Workers, Their Know-How and the Employment Relationships that Support Them. The importance of innovation, either in the form of intellectual property or know-how, to the Australian economy cannot be over-stated. Unlike statutory intellectual property schemes, worker-created know-how is both 'incentivised' and controlled through the contractual provisions of the worker-employer relationship. This project, through its empirical focus, will explore if (and h ....'Nothing Can Be Created Out of Nothing': Workers, Their Know-How and the Employment Relationships that Support Them. The importance of innovation, either in the form of intellectual property or know-how, to the Australian economy cannot be over-stated. Unlike statutory intellectual property schemes, worker-created know-how is both 'incentivised' and controlled through the contractual provisions of the worker-employer relationship. This project, through its empirical focus, will explore if (and how) the law, as it relates to know-how, promotes innovation in the workplace. Through the development of guidelines for best practice and reform proposals to fill gaps in the law, this research will increase the potential for innovation in all worker-employer relationships which will, in turn, maximise this country's creative and technological capability. Read moreRead less
Amateur Hour: The Sociolegal Construction of Amateur Media. This project addresses Research Priority 3, specifically the priority goal of Promoting an Innovation Culture and Economy. The rise of amateur networked production is a highly significant transformation in Australia's cultural and media industries. Innovation policy provides incentives for the socially-optimal production of new works, but amateurs do not produce for commercial gain, and may not respond to commercial incentives of inte ....Amateur Hour: The Sociolegal Construction of Amateur Media. This project addresses Research Priority 3, specifically the priority goal of Promoting an Innovation Culture and Economy. The rise of amateur networked production is a highly significant transformation in Australia's cultural and media industries. Innovation policy provides incentives for the socially-optimal production of new works, but amateurs do not produce for commercial gain, and may not respond to commercial incentives of intellectual property. The project articulates motivations, incentive and conditions for amateur content production.Read moreRead less
Traditional knowledge and intellectual property: A comparison of current approaches in Australia, Indonesia and the Philippines. The concepts of 'indigenous cultural and intellectual property rights' and 'traditional resource rights' have sparked a debate between resource-rich developing countries and technology rich industrialised nations, because of their importance for biotechnology and pharmaceutical research. This comparative study combines legal analysis and fieldwork to critically examine ....Traditional knowledge and intellectual property: A comparison of current approaches in Australia, Indonesia and the Philippines. The concepts of 'indigenous cultural and intellectual property rights' and 'traditional resource rights' have sparked a debate between resource-rich developing countries and technology rich industrialised nations, because of their importance for biotechnology and pharmaceutical research. This comparative study combines legal analysis and fieldwork to critically examine cultural assumptions about the relationship of indigenous communities to their symbols and their environment. The examination will extend to Southeast Asia to discover different concepts of 'indigenous' and different mechanisms for the interaction between state and customary law. Asian experiences with legislation in this field will provide useful insights for legislators in Australia.Read moreRead less
Co-operative intellectual property management and technology transfer for the Australian biotechnology industry. The Australian biotechnology industry rests on a framework of internationally competitive research and should be well placed to capture a significant share of expanding global markets. However, existing intellectual property (IP) management strategies do not make the most of this potential because they raise barriers to much-needed co-operation among industry players. By developing an ....Co-operative intellectual property management and technology transfer for the Australian biotechnology industry. The Australian biotechnology industry rests on a framework of internationally competitive research and should be well placed to capture a significant share of expanding global markets. However, existing intellectual property (IP) management strategies do not make the most of this potential because they raise barriers to much-needed co-operation among industry players. By developing and refining new co-operative IP management models in an Australian context, this project offers direct economic benefits (more efficient industry structures), improved social and economic benefits (better and cheaper biotechnology products and services), and an opportunity for Australia to take the lead in developing innovative approaches to IP management.Read moreRead less
Gene Patents in Australia: Options for Reform. Controversies over the upsurge in gene patenting, access to pharmaceuticals, biopiracy, and ownership of genetic resources, lead many to question whether patent law is appropriate for biotechnology. Do patents thwart access to beneficial technologies such as drugs, research tools and new crops, while hampering policy options for health care and agriculture? This project addresses the urgent need for a comprehensive study of the impact of biotech pat ....Gene Patents in Australia: Options for Reform. Controversies over the upsurge in gene patenting, access to pharmaceuticals, biopiracy, and ownership of genetic resources, lead many to question whether patent law is appropriate for biotechnology. Do patents thwart access to beneficial technologies such as drugs, research tools and new crops, while hampering policy options for health care and agriculture? This project addresses the urgent need for a comprehensive study of the impact of biotech patenting, critically reviewing overseas developments, setting biotechnology in the broader policy context of intellectual property law, and empirically analysing patterns rather than relying on the anecdotal and piecemeal studies that dominate this area.Read moreRead less
Establishing an optimal legal framework for online privacy. Consumer confidence in the security of personal information is essential for the growth of electronic commerce. To compete internationally, Australia must establish a world-class legal framework for the protection of online privacy. New technologies for collecting and processing personal information pose threats to individual privacy. Other technologies may protect privacy. Increasingly, effective protection of privacy depends upon ....Establishing an optimal legal framework for online privacy. Consumer confidence in the security of personal information is essential for the growth of electronic commerce. To compete internationally, Australia must establish a world-class legal framework for the protection of online privacy. New technologies for collecting and processing personal information pose threats to individual privacy. Other technologies may protect privacy. Increasingly, effective protection of privacy depends upon the coordination of legal rules and technological measures. This project will be the first study to investigate the optimal mix of regulatory tools for the protection of online privacy in Australia. Recommendations will be made to improve Australian privacy laws and policies.Read moreRead less
The Future of Television: Australian Legal Protection of Digital Broadcast Content. Free-to-air broadcasting performs central democratic, economic and cultural functions, with a key place in Australia's media. But technological changes pose fundamental and urgent challenges for broadcasters. By investigating mechanisms to protect digital content, the project will advance understanding of a crucial issue in the digital economy. The project will increase understanding of options for protecting bro ....The Future of Television: Australian Legal Protection of Digital Broadcast Content. Free-to-air broadcasting performs central democratic, economic and cultural functions, with a key place in Australia's media. But technological changes pose fundamental and urgent challenges for broadcasters. By investigating mechanisms to protect digital content, the project will advance understanding of a crucial issue in the digital economy. The project will increase understanding of options for protecting broadcast content to promote innovation in content production and distribution, while not restraining reasonable content uses nor hindering innovative consumer electronics. Australian policies should foster an innovative and diverse broadcasting sector to serve Australian public interests. The project promotes this vital objective.Read moreRead less
Intellectual Property enforcement and awareness building in China, Thailand and Indonesia. As a country with a significant intellectual property industry, Australia has a strong interest in intellectual property protection and enforcement. Australia has also an interest in reducing the amount of infringing material that is brought into the country. Apart from border control mechanisms, an obvious way to achieve this is to strengthen enforcement in the originating countries of this material. The ....Intellectual Property enforcement and awareness building in China, Thailand and Indonesia. As a country with a significant intellectual property industry, Australia has a strong interest in intellectual property protection and enforcement. Australia has also an interest in reducing the amount of infringing material that is brought into the country. Apart from border control mechanisms, an obvious way to achieve this is to strengthen enforcement in the originating countries of this material. The project will inform the Australian government with regards to policy making for this area and facilitate the planning of effective cooperation programs with Asian countries. Read moreRead less