Copyright (c) 2009 All rights reserved. http://works.bepress.com/kimweatherall Recent documents in Kimberlee G Weatherall en-us Wed, 18 Nov 2009 23:28:58 PST 3600 http://works.bepress.com/kimweatherall/19 http://works.bepress.com/kimweatherall/19 Tue, 17 Nov 2009 15:01:57 PST This paper provides an updated analysis of the issues posed by negotiations for the ACTA, as at November 2009. Kimberlee G. Weatherall Intellectual Property and International Trade http://works.bepress.com/kimweatherall/18 http://works.bepress.com/kimweatherall/18 Thu, 19 Jun 2008 18:00:06 PDT This paper evaluates the current state of play on negotiations for an Anti-Counterfeiting Trade Agreement ('ACTA'). Relatively little that is concrete is known about the negotiations, which are being conducted behind closed doors: a fact which is tending to fuel wild speculations regarding the possible content of the Agreement, the timetable for its negotiation, and its future envisaged use. This short paper outlines what is publicly known about the negotiations, the purpose of the agreement, and the potential scope of the agreement, in order to provide information for interested members of the public, particularly Australians. Kimberlee G. Weatherall Intellectual Property and International Trade http://works.bepress.com/kimweatherall/17 http://works.bepress.com/kimweatherall/17 Thu, 07 Feb 2008 14:02:36 PST Australia's recent copyright reforms show a marked 'bureaucratic' tendency. In this article, the author seeks to give both a comprehensive history of the period just past, and a bird's-eye view of the resulting reforms - highlighting the hitherto unremarked way in which they affected the many institutions which manage copyright. In short, recent copyright reforms have a peculiarly 'bureaucratic' bent. In many areas the government created detailed rules capable of objective application - rules ideally tailored, perhaps, to the many organisations that participated in the development of copyright policy over the period. In addition, the new copyright laws almost across the board reserve significant policy-making discretion to the executive: from the Attorney-General to agencies such as the Australian Competition and Consumer Commission and the Australian Communications and Media Authority. Whether or not this bureaucratic tendency in copyright marks a shift in focus, or simply a continuation of past trends, it certainly warrants closer attention. Kimberlee G. Weatherall Copyright http://works.bepress.com/kimweatherall/16 http://works.bepress.com/kimweatherall/16 Wed, 31 Oct 2007 18:22:00 PDT Broadcast copyright. Even the name suggests the tension: between a medium which of its nature is 'out there'--broadly cast, quite literally--and a set of laws designed to provide creators with exclusive rights and long-lasting control. Nevertheless, television broadcasters claim to "own" their broadcasts; in many countries, including Australia, they do. While recent efforts in WIPO to negotiate a treaty on IP-style protection for broadcasters appear to have failed, this chapter argues that the growth in other - including bilateral - copyright treaties has already changed the environment for broadcast policymaking. Historically broadcast regulators have been able to tailor broadcasters' rights according to the demands of broadcast policy. As this chapter shows, it will be much more difficult to adopt this course in the future. From now on, it is going to be copyright first, broadcast policy later: and this could have some rather interesting effects in forthcoming debates over technology. Along the way, it considers the various arguments for and against protection for broadcasters, and the reasons why treaty-making in this area has been so difficult. The chapter is not online, but copies are available on request. Kimberlee G. Weatherall Copyright http://works.bepress.com/kimweatherall/15 http://works.bepress.com/kimweatherall/15 Thu, 04 Oct 2007 23:24:11 PDT This article explores the filing and settlement of patent cases in Australia. Patent litigation is a subject which attracts constant discussion and debate. Until recently, Australian courts were perceived as 'anti patent'. Now there seems to be some concern that Australian patent litigation is slower, and more expensive, than other analogous jurisdictions. However, in general, few statistics on patent litigation have been available and most previous work on the topic has focused on the small proportion of cases which proceed to trial. Using data obtained from Federal Court records, this article presents a set of descriptive statistics relating to the filing and settlement of patent disputes in the Federal Court from 1995 to 2005. Our analysis indicates that, as in other countries, settlement rates in Australia are high, yet the average time to settlement, and judgment, is longer in Australia. However, there is some evidence that parties are in part responsible for the length of patent proceedings by requesting long delays between court events. Kimberlee G. Weatherall Patent http://works.bepress.com/kimweatherall/14 http://works.bepress.com/kimweatherall/14 Thu, 04 Oct 2007 18:33:27 PDT Submission on the Draft Guidelines for the infringement Notices and Forfeiture of Infringing Copies and Devices Scheme produced by the Australian Attorney-General's Department. The submission deals with the scope of the scheme, the need for more case studies, issues of forfeiture, multiple offences, record-keeping, the appropriate individuals against whom notices should be issued, defences, factors relevant to the exercise of officers' discretion or the withdrawal of notices, and the standard of information provided to the public. Kimberlee G. Weatherall Copyright http://works.bepress.com/kimweatherall/13 http://works.bepress.com/kimweatherall/13 Wed, 03 Oct 2007 20:38:24 PDT This study collated responses from a survey of over 2,100 businesses across Australia to assess the extent of both their business dealings with China and their commercial interest in IP. The survey results reveal that among Australian businesses which have direct business dealings with China, IP issues (registration, examination and enforcement) are of less concern than Chinese regulations and legal transparency. Among the IP issues covered in the survey, IP enforcement poses the greatest problem for Australian businesses. Anne Leahy Intellectual Property and International Trade http://works.bepress.com/kimweatherall/11 http://works.bepress.com/kimweatherall/11 Thu, 30 Aug 2007 16:09:16 PDT This paper uses a case study to argue that US bilateral trade policy is failing to secure either good relations with partners, or US economic interests. The wisdom of current US trade policy has not passed entirely unchallenged. Some commentators have argued that free trade agreements have hidden political costs insofar as they breed resentment in countries not invited to sign such agreements. Others have demanded that future agreements incorporate higher labour and environmental standards. Left unchallenged, however, is the assumption that current policy promotes good relations with partner countries. It is this assumption that we seek to question, by taking as a case study the Australian reaction to the detailed copyright provisions of the US-Australia free trade agreement. These provisions gave rise to extreme and sustained controversy, so much so that it can fairly be said that the copyright provisions - more than any other single part of the agreement - helped to generate a climate of suspicion and concern about the United States' intentions. As a consequence, far from promoting the United States' political interests, the US-Australia free trade agreement has fed anti-American sentiment in a traditionally friendly country. Equally importantly, we show that US copyright owners gained little from the agreement: something that is likely to surprise supporters and critics of US copyright policy alike. Consequently our analysis reveals, first, that the conclusion of a free trade agreement may produce net political costs for the US even within partner countries; and second, that these costs are not offset by economic benefits, at least in the copyright sphere. Whilst this does not demonstrate conclusively that the bilateral route needs to be abandoned, it does lend support to the argument that there needs to be a fundamental reassessment of current US trade strategy. Kimberlee G. Weatherall Copyright Intellectual Property and International Trade http://works.bepress.com/kimweatherall/10 http://works.bepress.com/kimweatherall/10 Sun, 08 Jul 2007 21:24:02 PDT This Senate Inquiry submission addresses the expansion of criminal liability for copyright infringement and the narrowing of copyright exceptions, brought about by the Copyright Amendment Bill 2006 (Australia). Kimberlee G. Weatherall Copyright Law and the Internet http://works.bepress.com/kimweatherall/9 http://works.bepress.com/kimweatherall/9 Tue, 23 Jan 2007 14:48:22 PST This article investigates whether there could be practical alternatives to relying on private international law to solve legal boundary issues in cross-border communications contexts, especially those involving IP rights. It points out that certain developments would seem to be tending in this direction -- first, with significant moves to remove the legal boundaries (or make them undetectable) through harmonisation of IP law; second, with advancements in technology that seek to 'reimpose' geographic borders. Developments in both fields proceed apace, and it is worthwhile to explore what difference, if any, they will make. The conclusion is that, although both contribute at some level, perhaps unsurprisingly, neither provides a complete response. Kimberlee G. Weatherall Law and the Internet