Australian Intellectual Property Law

Mark Davison is the author of several major works relating to intellectual property and competition law and is a special counsel with Knightsbridge Lawyers. He has written The Legal Protection of Databases, a book published in the intellectual property series of Cambridge University Press and is the first co-author of the third, fourth and fifth editions of Shanahan's Australian Law of Trade Mark and Passing Off, the leading reference work on Australian trade mark law. He is a co-author of the two editions of Australian Intellectual Property Law, published by Cambridge University Press. He has also published two casebooks dealing with competition law and aspects of consumer protection and is co-author of the 4th and 5th editions of Intellectual Property: Cases, Materials and Commentary. He has been a member of the Advisory Council on Intellectual Property since March 2013. Dr Ann Monotti is the author of several major works relating to intellectual property law. She wrote Universities and Intellectual Property: Ownership and Exploitation (with Sam Ricketson), and is a co-author of the two editions of Australian Intellectual Property Law, published by Cambridge University Press. Her co-edited book Business Innovation and the Law: Perspectives from Intellectual Property, Labour, Competition and Corporate Law was published in 2013. She has been a chief investigator on a number of significant ARC research grant projects that focused upon issues concerning universities and their ownership and exploitation of intellectual property, including access to tangible research materials in biomedical research. Her most recent project is funded by an ARC Discovery Grant awarded in 2013: Designing World Class Venture Capital Programs to Support Commercialisation of Australian Research. Dr Ann Monotti is the Head of the Faculty's Commercial Law Group, Leader of the Intellectual Property and Innovation Law and Policy program within that Group, and Chair of both the Intellectual Property Advisory Board and the Commercial Law Advisory Board for postgraduate programs. She was Associate Dean (Postgraduate Studies) from 2006 to 2011 and Associate Dean (Research) in 2004. She is a member of the Intellectual Property Committee of the Law Council of Australia. Leanne Wiseman is Associate Director of ACIPA and an Associate Professor in Law at Griffith University. Prior to joining Griffith University, she was a Senior Lecturer in Law at Queensland University of Technology and worked in private practice and Government as a solicitor. Leanne's primary research interests lie in the field of intellectual property law and her publications are in the fields of intellectual property, contract and company law. She has served as an executive member of the Intellectual Property Society of Australia and New Zealand (IPSANZ) for a number of years and currently remains a member of the Intellectual Property Committee of the Law Council of Australia. Leanne has also had a long involvement with the Arts Law Centre of Queensland.

1. Introduction; 2. Passing off; 3. Registered trade marks; 4. Exploitation of registered trade marks; 5. Copyright: introduction; 6. Subsistence of copyright; 7. Authorship and first ownership, nature of the rights and duration; 8. Exploitation, infringement and defences; 9. Moral rights, performers' rights, artist's resale rights, and other rights; 10. Designs; 11. Equitable doctrine of breach of confidence; 12. Patents for inventions: introduction; 13. Patents for inventions: validity; 14. Patents for inventions: allocation of rights and ownership, the Register and dealings; 15. Patents for inventions: exploitation, infringement and revocation; 16. Plant breeder's rights; 17. Remedies and miscellaneous issues.