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Intellectual Property in Australia, 7th Edition

Intellectual Property in Australia, 7th Edition

Author: William van Caenegem; Judith Bannister; Charles Lawson; Adam Liberman; Andrew Stewart
Publisher: LexisNexis Australia
ISBN: 9780409354898
Published In: July 2022
Format: Paperback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 858.60

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Description
Contents
Author

Details

Clear and authoritative discussion of intellectual property law, its commercial application and future direction.

This authoritative and engaging book offers insightful treatment of the law of intellectual property. It provides accessible explanations and analysis of the current regimes and their application in various commercial settings, while examining the trends and tensions that influence future changes to the Australian intellectual property system. Topics covered include confidentiality, copyright, designs and related rights, patents, business reputation and trade marks, and the commercialisation of intellectual property. It is an invaluable resource for students and lecturers, and a practical reference for practitioners.

The seventh edition has been fully revised and updated to include recent developments in case law and legislation, including the following:
• introduction of the ‘patent box’ tax concession
• introduction of ‘exclusive licensees’ and a grace period into the Designs Act
• proposed Copyright Act amendments regarding orphan works
• ‘patent exhaustion’ taking over from the ‘implied licence principle’
• Full Federal Court consideration of ‘artificial intelligence’ as an inventor
• proposed amendments to the law relating to unfair contract terms;
• repeal of intellectual property protections in Competition and Consumer Act s 51(3)
• introduction of new Trade Marks Act s 122A to prevent trade mark owners from artificially restricting parallel imports
• important trade mark decisions including:
    o Hashtag Burgers Pty Ltd v In-N-Out Burgers, Inc (2020)
    o Allergan Australia Pty Ltd v Self Care IP Holdings Pty Ltd (2021)
    o Kraft Foods Group Brands LLC v Bega Cheese Ltd (2020)

Features

• Authoritative author team
• Clear and accessible commentary
• Covers both the law and its commercial application
• Provides insights into potential reform
PART 1 Introduction
Ch 1 An Overview
Ch 2 Enforcement of Rights

PART 2 Confidentiality
Ch 3 The Concept of Rights in Information
Ch 4 Breach of Confidence

PART 3 Copyright, Designs and Related Rights
Ch 5 Copyright: Basic Concepts
Ch 6 Subsistence of Copyright
Ch 7 Exploitation of Copyright
Ch 8 Infringement of Copyright
Ch 9 Moral Rights and Related Rights
Ch 10 Designs

PART 4 Patents
Ch 11 The Patent System
Ch 12 Validity of Patents
Ch 13 Ownership and Exploitation of Patent Rights
Ch 14 Infringement of Patent Rights
Ch 15 Plant Breeder’s Rights

PART 5 Business Reputation
Ch 16 Misappropriation of Business Reputation: General Principles
Ch 17 Misappropriation: Establishing a Reputation
Ch 18 Misappropriation: Establishing Deception
Ch 19 Registration of Trade Marks
Ch 20 Protection and Exploitation of Registered Marks

PART 6 Other Dimensions
Ch 21 International Aspects of Intellectual Property Protection
Ch 22 Commercialising Intellectual Property
William van Caenegem

Dr William van Caenegem is Professor of Law at the Faculty of Law, Bond University where he teaches Evidence and he is Honorary Visiting Professor at the University of Gothenburg, Sweden. He has undertaken comparative research about criminal procedure. He is admitted as a Barrister, Supreme Court of Queensland and is a member of the International Academy of Comparative Law.

Judith Bannister

Judith Bannister is a Professor of Law at the College of Business, Government & Law, Flinders University.

Charles Lawson

Charles Lawson is a Professor of Law at the Griffith Law School, Griffith University.

Adam Liberman

Adam Liberman is a Solicitor, Supreme Court of New South Wales.

Andrew Stewart

Andrew Stewart is John Bray Professor at the Law School, University of Adelaide and a Legal Consultant with Piper Alderman.