Articles

Link

Providing Services to Copyright Infringers: Roadshow Films Pty Ltd v iiNet Ltd (with Robert Burrell), Sydney Law Review (2011)

In Roadshow Films v iiNet the Australian High Court will consider whether an Internet Service...

 

Link

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...

 

Link

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...

 

Link

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...

 

Link

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...

 

Link

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...

 

Link

On Technology Locks and the Proper Scope of Digital Copyright Laws — Sony in the High Court, Sydney Law Review (2004)

The High Court of Australia granted special leave to appeal from the Full Federal Court’s...

 

Book Chapters

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...

 

Link

'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 (WPPT)...

 

Popular Press

Link

Locked In: Australia gets a bad intellectual property deal, Policy: a journal of public policy and ideas (2004)

In February 2004, Australia entered a free trade agreement with the United States which included...

 

Unpublished Papers

PDF

Intellectual Property in ACTA and the TPP: Lessons Not Learned (2011)

In this paper I am interested in what ACTA as it emerged from the negotiating...

 

PDF

An Australian Analysis of the February 2011 Leaked US TPPA IP Chapter Text - copyright and enforcement (2011)

This document is a summary table of the copyright and enforcement provisions of the (leaked)...

 

PDF

ACTA April 2010 - Analysis of Provisions (2010)

This paper analyses the potential impact of the proposed ACTA (January 2010 leaked text) on...

 

PDF

The Anti-Counterfeiting Trade Agreement: An updated analysis (2009)

This paper provides an updated analysis of the issues posed by negotiations for the ACTA,...

 

Link

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...

 

Link

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...

 

Link

Would you ever recommend a Creative Commons license?, Australian Intellectual Property Resources (2006)

The phrase sympathetic scepticism may be oxymoronic, but it captures something of the attitude with...

 

Other (Including Law Reform Submissions)

PDF

Submission to the Joint Standing Committee on Treaties Inquiry into the Anti-Counterfeiting Trade Agreement (2012)

Independent submission to JSCOT Inquiry into ACTA. Considers whether Australia should ratify ACTA, and in...

 

PDF

Submission to the ALRC National Classification Review (2011)

This submission addresses online censorship in Australia. It was made to the Australian Law Reform...

 

PDF

ACTA - Australian Section by Section Analysis (2010)

A section-by-section analysis of the April Draft of the Anti-Counterfeiting Trade Agreement from an Australian...

 

PDF

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...

 

PDF

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...

 

PDF

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...

 

PDF

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...

 

PDF

Response to the Issues Paper: Fair Use and Other Copyright Exceptions in the Digital Age (with Emily Hudson) (2005)

This law reform submission, directed to the Australian Attorney-General's Department, responds to the question whether...