Law Intellectual Property / Patent / Copyright

Cyber Law in Australia

Edited by Eugene Clark · George Cho · Arthur Hoyle · Paul Hynes
Kluwer Law International June 2010

Specifications

ISBN-13
9789041133502
Publisher
Kluwer Law International
Publication
June 2010
Format
Paperback , 424 pages
Jurisdiction
Australia ? Countri(es) for reference only

Details

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical guide to cyber law – the law affecting information and communication technology (ICT) – in Australia covers every aspect of the subject, including intellectual property rights in the ICT sector, relevant competition rules, drafting and negotiating ICT related contracts, electronic transactions, privacy issues, and computer crime. Lawyers who handle transnational matters will appreciate the detailed explanation of specific characteristics of practice and procedure.

Following a general introduction, the book assembles its information and guidance in seven main areas of practice: the regulatory framework of the electronic communications market; software protection, legal protection of databases or chips, and other intellectual property matters; contracts with regard to software licensing and network services, with special attention to case law in this area; rules with regard to electronic evidence, regulation of electronic signatures, electronic banking, and electronic commerce; specific laws and regulations with respect to the liability of network operators and service providers and related product liability; protection of individual persons in the context of the processing of personal data and confidentiality; and the application of substantive criminal law in the area of ICT.

Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Australia will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative law in this relatively new and challenging field.

 

 

Table of Contents

The Authors Preface General Introduction Chapter 1. General Background of the Country Chapter 2. The Information and Communications Technology Infrastructure and Market Chapter 3. E-Commerce: Facts and Figures Chapter 4. E-Government and ICT Infrastructure Selected Bibliography

Part I. Telecommunications Regulation Chapter 1. Introduction and Background Chapter 2. Industry Structure and Regulatory Entities Chapter 3. Access Regulation: Part XIC TPA Chapter 4. Regulation of Anti-competitive Conduct Chapter 5. Regulation of Consumer Protection in Telecommunications Sector Chapter 6. Telecommunications Reforms

Part II. Protection of Intellectual Property Rights in the ICT Sector Chapter 1. Application of Copyright in the Area of ICT Chapter 2. Legal Protection of Software Other Than through the Law of Copyright Chapter 3. Legal Protection of Databases Chapter 4. Legal Protection of Computer Chips Chapter 5. Patent Protection Chapter 6. Designs Law Chapter 7. Trade Secrecy Chapter 8. Trademarks Chapter 9. Business Names and Internet Domain Name Registration Chapter 10. Domain Names

Part III. ICT Contracts Chapter 1. Principles of Contract Law Chapter 2. Hardware Contracts Chapter 3. Software Contracts Chapter 4. Software Distribution Agreements Chapter 5. Maintenance Contracts Chapter 6. Facilities Management Chapter 7. Network Services Chapter 8. Government Contracts Chapter 9. Damages Chapter 10. Collateral Issues

Part IV. Electronic Transactions Chapter 1. Legal Status of Electronic Transactions Chapter 2. Regulation of Cryptography, Electronic Signatures, and Certification Services Chapter 3. Information Communications Technology and Civil Procedure Chapter 4. Legal Aspects of Electronic Banking and Payments Systems Chapter 5. Protection of Users of ICT Chapter 6. Taxation of E-Commerce

Part V. Non-contractual Liability Chapter 1. Civil Obligations Generally Chapter 2. Liability of ISPs and Network Service Providers Chapter 3. Product Safety and Liability

Part VI. Privacy, Technology and the Internet Chapter 1. Regulating Personal Information Chapter 2. Privacy in Telecommunications

Part VII. Computer-Related Crime Chapter 1. General Legal Development of Criminal Law Chapter 2. Application of Substantive and Procedural Criminal Law in the Area of ICT Chapter 3. Law Enforcement Efforts to Prevent and Prosecute Cybercrime

Part VIII. Nanotechnology Chapter 1. Introduction Chapter 2. Government Regulation of Nanotechnology Chapter 3. Government Nanotechnology Initiatives Chapter 4. Other Laws Impacting Regulation of Nanotechnology

Part IX. Gene Technology Chapter 1. Legislative Framework Chapter 2. Purpose of the Legislation Chapter 3. Advisory Groups to Guide Gene Technology Development Chapter 4. International Agreements Related to Gene Technology

Part X. E-Waste: Product Stewardship

Part XI. Conclusion Index

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