My research focuses on intellectual property law, with a particular interest in copyright in digital environments, the impact of free trade agreements on intellectual property law, and, at a more general level, the role of 'outsiders' (competitors, NGOs, and just about anyone else) in defining the scope of IP rights generally and particular rights like patents and trade marks.
Copyright
Of Copyright Bureaucracies and Incoherence: Stepping Back from Australia's Recent Copyright Reforms, Melbourne University Law Review (2007)
Australia's recent copyright reforms show a marked 'bureaucratic' tendency. In this article, the author seeks...
Submission: Draft Guidelines on the Infringement Notices and Forfeiture of Infringing Copies and Devices Scheme, Copyright Amendment Regulations 2006 (2007)
Submission on the Draft Guidelines for the infringement Notices and Forfeiture of Infringing Copies and...
Exporting Controversy? Reactions to the Copyright Provisions of the US-Australia Free Trade Agreement: Lessons for US Trade Policy (with Robert G. Burrell), TC Beirne School of Law Legal Studies Research Paper Series (2007)
This paper uses a case study to argue that US bilateral trade policy is failing...
The Impact of Copyright Treaties on Broadcast Policy, TV Futures: Digital Television Policy in Australia (2007)
Broadcast copyright. Even the name suggests the tension: between a medium which of its nature...
Submission to the Senate Standing Committee on Legal and Constitutional Affairs Inquiry into the Copyright Amendment Bill 2006 (2006)
This Senate Inquiry submission addresses the expansion of criminal liability for copyright infringement and the...
Intellectual Property and International Trade
The Anti-Counterfeiting Trade Agreement: What's It All About? (2008)
This paper evaluates the current state of play on negotiations for an Anti-Counterfeiting Trade Agreement...
In the Shadow of the China–Australia FTA Negotiations: What Australian Business Thinks about IP (with Anne Leahy, Donald McClaren, David Morgan, Elizabeth Webster, and Jongsay Yong), Intellectual Property Research Institute of Australia, WP 07/07. (2007)
This study collated responses from a survey of over 2,100 businesses across Australia to assess...
Exporting Controversy? Reactions to the Copyright Provisions of the US-Australia Free Trade Agreement: Lessons for US Trade Policy (with Robert G. Burrell), TC Beirne School of Law Legal Studies Research Paper Series (2007)
This paper uses a case study to argue that US bilateral trade policy is failing...
'Pretend-y Rights.' On the Insanely Complicated New Regime for Performers' Rights in Australia, and how Australian Performers Lost Out, New Directions in Copyright Law (2006)
From 1 January 2005, over eight years after the WIPO Performances and Phonograms Treaty...
Submission to House of Representatives Legal and Constitutional Affairs Committee Inquiry into TPM Exceptions (2005)
This submission addresses the drafting of Australia's new anti-circumvention laws, required by the free trade...
Law and the Internet
Can Substantive Law Harmonisation and Technology Provide Genuine Alternatives to Conflicts Rules in Intellectual Property?, Media and Arts Law Review (2006)
This article investigates whether there could be practical alternatives to relying on private international law...
Submission to the Senate Standing Committee on Legal and Constitutional Affairs Inquiry into the Copyright Amendment Bill 2006 (2006)
This Senate Inquiry submission addresses the expansion of criminal liability for copyright infringement and the...
Patent
Filing and Settlement of Patent Disputes in the Australian Federal Court, 1995-2005 (with Fiona Rotstein), Intellectual Property Forum (2007)
This article explores the filing and settlement of patent cases in Australia. Patent litigation is...
An empirical investigation into patent enforcement in Australian courts (with Paul H. Jensen), Federal Law Review (2005)
The effectiveness of patent protection depends not only on the existence of patent laws "on...
Trademark
Trade mark and counterfeit litigation in Australia (with Paul H. Jensen and Jason Bosland), Intellectual Property Quarterly (2006)
The effectiveness of trade mark protection depends on the enforceability of rights. However, little is...