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
Reclaiming copyright's lost cultural value for authors and the public. This project aims to develop new empirical understandings of the cultural value lost through current approaches to copyright. Copyright rules that favour one party do necessarily need to imply losses for another. By changing the scope and division of rights it is possible to improve outcomes for multiple stakeholders. The project will result in new understanding of how this can be achieved within the confines of an unamendabl ....Reclaiming copyright's lost cultural value for authors and the public. This project aims to develop new empirical understandings of the cultural value lost through current approaches to copyright. Copyright rules that favour one party do necessarily need to imply losses for another. By changing the scope and division of rights it is possible to improve outcomes for multiple stakeholders. The project will result in new understanding of how this can be achieved within the confines of an unamendable treaty framework by exploring fuller protection of authorship as a mechanism for securing a fairer go for creators, unlocking new opportunities for publishers, generating new sources of arts funding and improving access for the public. The project should provide significant benefit by informing law reform debates at domestic and international levels.Read moreRead less
Landlords, Tenants and Access to Justice: A Longitudinal Study of Residential Tenancies Disputes. The proposed research will compare the strikingly different justice regimes governing residential tenancy disputes over the last 3 decades in New South Wales. These regimes have ranged from the exclusively formal, or court-based, to a hybrid model (with some matters resolved by tribunals, others by the courts) and finally to an almost exclusively tribunal-governed system. This study seeks to compare ....Landlords, Tenants and Access to Justice: A Longitudinal Study of Residential Tenancies Disputes. The proposed research will compare the strikingly different justice regimes governing residential tenancy disputes over the last 3 decades in New South Wales. These regimes have ranged from the exclusively formal, or court-based, to a hybrid model (with some matters resolved by tribunals, others by the courts) and finally to an almost exclusively tribunal-governed system. This study seeks to compare the effectiveness of these various regimes in delivering justice to all parties. No such study has been conducted in Australia, and the results will provide a basis for informed decision on whether the latest model should remain the preferred one in a sector of the housing market catering for more than 25% of the population of NSW, a large proportion of whom are disadvantaged.Read moreRead less
Mine, yours, theirs, and ours: examining the tension between private and community interests in property. Property is increasingly characterised by a tension between private rights and broader community interests, such as those relating to the environment, heritage and the public cultural domain. This project will create a new understanding of the nature of property which takes into consideration the need to balance community and individual interests.
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
Discovery Early Career Researcher Award - Grant ID: DE210100486
Funder
Australian Research Council
Funding Amount
$443,774.00
Summary
Navigating justice systems: how Pacific women secure their property rights. This project aims to investigate the strategies that Pacific women use to challenge gender inequality, and improve understanding of the pathways to justice in Pacific legal systems. Using an innovative socio-legal approach, the project will collect, analyse and disseminate data on the strategies used by women to advocate for stronger property rights, and develop a framework for understanding those strategies. Expected ou ....Navigating justice systems: how Pacific women secure their property rights. This project aims to investigate the strategies that Pacific women use to challenge gender inequality, and improve understanding of the pathways to justice in Pacific legal systems. Using an innovative socio-legal approach, the project will collect, analyse and disseminate data on the strategies used by women to advocate for stronger property rights, and develop a framework for understanding those strategies. Expected outcomes include an improved empirical and conceptual basis for development organisations to design and implement gender equality programs. This should provide significant benefits including enhanced understanding of women’s engagement with legal systems, and better-informed and more effective development assistance.Read moreRead less
The Principles of Proprietary Remedies. Property rights are central to Australia's social fabric and critical to its economy. At this time of financial crisis, when personal bankruptcy and corporate insolvency are on the rise, it is essential to know exactly who owns what, when and why. Yet Australian law is unclear and often inconsistent as to when and why the law imposes property rights in favour of a plaintiff over assets held by a defendant and what those rights should be. This project will ....The Principles of Proprietary Remedies. Property rights are central to Australia's social fabric and critical to its economy. At this time of financial crisis, when personal bankruptcy and corporate insolvency are on the rise, it is essential to know exactly who owns what, when and why. Yet Australian law is unclear and often inconsistent as to when and why the law imposes property rights in favour of a plaintiff over assets held by a defendant and what those rights should be. This project will address this intolerable uncertainty by determining the proper criteria for the conferral of property rights by law.Read moreRead less
'The fingers of the powers above do tune the harmony of this peace': Australia and the Harmonisation of Patents. Patent law is central to the key economic aim of encouraging an innovative culture. The harmonisation of patent systems around the world means Australian law will change. There is a significant risk that, without effective lobbying, the reforms will only reflect the needs and interests of the dominant economies, like the US. This project, with its comparative analysis of the patent e ....'The fingers of the powers above do tune the harmony of this peace': Australia and the Harmonisation of Patents. Patent law is central to the key economic aim of encouraging an innovative culture. The harmonisation of patent systems around the world means Australian law will change. There is a significant risk that, without effective lobbying, the reforms will only reflect the needs and interests of the dominant economies, like the US. This project, with its comparative analysis of the patent examination process, will explore the ways in which this integral part of the patent system may be improved. This research will lead to proposals for reform that are in line with the interests of Australia's unique economy.Read moreRead less
Legal and Ethical Regulation of the Use and Commercialisation of Human Biological Material. The Australian government has a policy of promoting expertise in genomics. An essential ingredient of research and development of the genomics industry is access to human biological material. A clear regulatory framework is required, consistent with national ethical principles. There is lack of clarity, legally and ethically, in relation to ownership (including derivative claims), consented and un-consent ....Legal and Ethical Regulation of the Use and Commercialisation of Human Biological Material. The Australian government has a policy of promoting expertise in genomics. An essential ingredient of research and development of the genomics industry is access to human biological material. A clear regulatory framework is required, consistent with national ethical principles. There is lack of clarity, legally and ethically, in relation to ownership (including derivative claims), consented and un-consented use, contracts, conflict of interest and benefit sharing in human biological material, including regenerative tissue. Clarification will facilitate ethical research and commercialisation. These issues will be analysed systematically with recommendations for Australia consistent with international standards.Read moreRead less
The resilience of property: inundation, displacement and local relocation in the Asia-Pacific. This project responds to increased risks of population movement as a result of natural disasters and climate change in the Asia-Pacific. The project analyses local relocations in Indonesia and Solomon Islands, in order to support sustainable resettlement of displaced persons in their home environments.