Books

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Intellectual Property and Climate Change: Inventing Clean Technologies, Cheltenham (UK) and Northampton (Mass.): Edward Elgar. (2011)

'A historically grounded study on a cutting-edge topic, Intellectual Property and Climate Change has it...

 

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Intellectual Property and Biotechnology: Biological Inventions, Cheltenham, UK, and Northampton, MA, USA: Edward Elgar. (2008)

"Dr Rimmer's book is a marvellous introduction to a crucial topic of our time. He...

 

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Digital Copyright and the Consumer Revolution: Hands off my iPod, Cheltenham, UK, and Northampton, MA, USA: Edward Elgar. (2007)

‘Rimmer brings the tension between law and technology to life in this important and accessible...

 

The Pirate Bazaar: The Social Life of Copyright Law, Sydney: The Faculty of Law, The University of New South Wales. (2001)

This thesis provides a cultural history of Australian copyright law and related artistic controversies. It...

 

Edited Collections

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Intellectual Property and Emerging Technologies: The New Biology (with Alison McLennan) (2012)

This unique and comprehensive collection investigates the challenges posed to intellectual property by recent paradigm...

 

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Incentives for Global Public Health: Patent Law and Access to Essential Medicines. (with Thomas Pogge and Kim Rubenstein), Cambridge: Cambridge University Press. (2010)

This portrait of the global debate over patent law and access to essential medicines focuses...

 

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Patent Law and Biological Inventions, Law in Context (2006)

In response to scientific breakthroughs in biotechnology, the development of new technologies, and the demands...

 

Contributions to Books

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The Doomsday Vault: Seed Banks, Food Security and Climate Change, Intellectual Property and Emerging Technologies: The New Biology (2012)

'It could easily provide the back-drop for a James Bond movie. Deep inside a mountain...

 

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Climate Ready Crops: Intellectual Property, Agriculture, and Climate Change, Intellectual Property and Emerging Technologies: The New Biology (2012)

In The Climate Change Review, Ross Garnaut emphasised that ‘Climate change and climate change mitigation...

 

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Cosmo, Cosmolino: Patent Law and Nanotechnology (with Alison McLennan), Intellectual Property and Emerging Technologies: The New Biology (2012)

Patent law has a significant instrumental and symbolic role in regulating nanotechnology. A 2011 report...

 

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Inventing Life: Intellectual Property and the New Biology (with Alison McLennan), Intellectual Property and Emerging Technologies: The New Biology (2012)

In 2009, the National Research Council of the National Academies released a report on A...

 

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The Lazarus Effect: The (RED) Campaign, and Creative Capitalism, Incentives for Global Public Health: Patent Law and Access to Essential Medicines (2010)

4,400 people die every day of AIDS in sub-Saharan Africa. Treatment exists. In about 60...

 

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Access to Essential Medicines: Public Health and International Law (with Thomas Pogge and Kim Rubenstein), Incentives for Global Public Health: Patent Law and Access to Essential Medicines (2010)

Historically, there have been intense conflicts over the ownership and exploitation of pharmaceutical drugs and...

 

Wikipedia, Collective Authorship, and the Politics of Knowledge, Intellectual Property Reforms: Fostering Innovation and Development (2009)

This chapter considers the legal ramifications of Wikipedia, and other online media, such as the...

 

The Grapes of Wrath: The Coonawarra Dispute, Geographical Indications and International Trade, Landmarks in Australian Intellectual Property Law (2009)

The famous wine region of Coonawarra in South Australia has been promoted as 'Australia's other...

 

The Garden of Australian Dreams: The Moral Rights of Landscape Architects, New Directions in Copyright Law: Volume 3 (2006)

This article considers the moral rights controversy over plans to redesign the landscape architecture of...

 

Articles

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‘Breakfast at Tiffany’s’: eBay Inc, Trade Mark Law and Counterfeiting, Journal of Law, Information, and Science (2011)

In an exploration of intellectual property and fashion, this article examines the question of the...

 

A Proposal for a Clean Technology Directive: European Patent Law and Climate Change, A Journal of Renewable Energy Law and Policy (2011)

This article charts the conflicted, dissonant policies of the European Union towards intellectual property and...

 

Patenting Free Energy: The BlackLight Litigation and the Hydrogen Economy, Journal of Intellectual Property Law and Practice (2011)

Legal Context. In the wake of the Copenhagen Accord 2009 and the Cancun Agreements 2010,...

 

Owning Omega-3: Monsanto and the Invention of Meat, Farm Policy Journal (2011)

In August of 2010, Anna Salleh of the Science Unit of the Australian Broadcasting Corporation...

 

A Fair Use Project for Australia: Copyright Law and Creative Freedom, Copyright Reporter (2010)

This essay provides a critical assessment of the Fair Use Project based at the Stanford...

 

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The Sorcerer II Expedition: Intellectual Property and Biodiscovery, The Macquarie Journal of International and Comparative Environmental Law (2009)

This article considers the significance of a leading marine biodiscovery initiative. In March 2004, Dr....

 

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Race Against Time: The Export of Essential Medicines to Rwanda, Public Health Ethics (2008)

This article considers the significance of the first export of essential medicines under the WTO...

 

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The Black Label: Trade Mark Dilution, Culture Jamming, and the No Logo Movement, Script-ed (University of Edinburgh) (2008)

This article considers the ongoing debate over the appropriation of well-known and famous trade marks...

 

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The Case for the Plain Packaging of Tobacco Products (with Becky Freeman and Simon Chapman), Addiction (2008)

The global Framework Convention on Tobacco Control (FCTC) requires nations to ban all tobacco advertising...

 

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The Genographic Project: Traditional Knowledge and Population Genetics, Australian Indigenous Law Review (2007)

This article considers the debate over patent law, informed consent, and benefit-sharing in the context...

 

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The New Conquistadors: Patent Law and Expressed Sequence Tags, The Journal of Law, Information, and Science (2007)

"It's akin to the old Spanish, English and Portuguese explorers. They would take their boats...

 

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The Alchemy of Junk: Patent Law and Non-Coding DNA, The University of Ottawa Law and Technology Journal (2006)

This article considers the recent international controversy over the patents held by a Melbourne firm,...

 

After the Gold Rush: Patent Law and Biological Inventions, Law in Context (2006)

In response to scientific breakthroughs in biotechnology, the development of new technologies, and the demands...

 

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Robbery under Arms: Copyright Law and the Australia-United States Free Trade Agreement, First Monday (2006)

This article considers the radical, sweeping changes to Australian copyright law wrought by the Australia-United...

 

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Bloomsday: Copyright Estates and Cultural Festivals, Script-ed (University of Edinburgh) (2005)

Copyright estates have been unduly empowered by the extension of the term of copyright protection...

 

Japonica Rice: Intellectual Property, Scientific Publishing, and Data-Sharing, Prometheus (2005)

This article examines a series of controversies within the life sciences over data sharing. Part...

 

The Jean Chretien Pledge to Africa Act: Patent Law and Humanitarian Aid, Expert Opinion on Therapeutic Patents (2005)

This article evaluates the implementation of the WTO General Council Decision in 2003, which resolved...

 

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Hail to the Thief: A Tribute to Kazaa, University of Ottawa Law and Technology Journal (2005)

This paper considers the ongoing litigation against the peer to peer network Kazaa. Record companies...

 

The Freedom to Tinker: Patent Law and Experimental Use, Expert Opinion on Therapeutic Patents (2005)

This article considers the origins and the development of the defence of experimental use in...

 

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The Grey Album: Copyright Law and Digital Sampling, Media International Australia Incorporating Culture and Policy (2005)

In the field of digital sampling, disk jockeys have shown a recent enthusiasm for 'mash-ups'...

 

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The Race to Patent the SARS Virus: The TRIPS Agreement and Access to Essential Medicines, Melbourne Journal of International Law (2004)

This article considers the race to sequence the Severe Acute Respiratory Syndrome virus ('the SARS...

 

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Canadian Rhapsody: Copyright Law and Research Libraries, Australian Academic and Research Libraries (2004)

This article considers the ground-breaking Supreme Court of Canada decision in CCH Canadian Limited v....

 

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Australian Icons: Authenticity Marks and Identity Politics, Indigenous Law Journal (the University of Toronto) (2004)

This article evaluates the adoption and implementation of an Indigenous certification trademark system in Australia....

 

The Last Taboo: Patenting Human Beings, Expert Opinion on Therapeutic Patents (2004)

This article considers the efforts of the Australian Law Reform Commission to clarify the meaning...

 

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Gossip We Can Trust: Defamation Law and Non-Fiction, Media and Arts Law Review (2004)

Drawing on two case studies, this article considers the allegation of a disgruntled author: 'Defamation...

 

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Blame It On Rio: Biodiscovery, Native Title, and Traditional Knowledge, Southern Cross University Law Review (2003)

This article examines the legal responses to protect traditional knowledge of biodiversity in the wake...

 

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Franklin Barley: Patent Law and Plant Breeders' Rights, Murdoch University Electronic Journal of Law (2003)

This paper considers the relationship between patent law and plant breeders' rights in light of...

 

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The Dead Poets Society: The Copyright Term and the Public Domain, First Monday (2003)

In a victory for corporate control of cultural heritage, the Supreme Court of the United...

 

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The Attack of the Clones: Patent Law and Stem Cell Research, Journal of Law and Medicine (2003)

This article considers the integral role played by patent law in respect of stem cell...

 

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Virtual Countries: Internet Domain Names and Geographical Terms, Media International Australia incorporating Culture and Policy (2003)

This paper examines the dispute between the Seattle company Virtual Countries Inc. and the Republic...

 

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Beyond Blue Gene: Intellectual Property and Bioinformatics, International Review of Industrial Property and Copyright Law (2003)

This article considers the challenges posed to intellectual property law by the emerging field of...

 

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Genentech and the Stolen Gene: Patent Law and Pioneer Inventions, Bio-Science Law Review (2003)

This paper evaluates the litigation over the biotechnology patent dispute between the University of California...

 

Myriad Genetics: Patent Law and Genetic Testing, European Intellectual Property Review (2003)

This paper considers the legal challenges to the legal validity of the patents held by...

 

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Crystal Palaces: Copyright Law and Public Architecture, Bond Law Review (2002)

This paper investigates copyright law and public architecture in the context of cultural institutions of...

 

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Daubism: Copyright Law and Artistic Works, Murdoch University Electronic Journal of Law (2002)

An artistic controversy over a group of landscape painters called the Daubists provided impetus for...

 

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Rip, Mix, Burn: The Politics of Peer to Peer and Copyright Law (with Kathy Bowrey), First Monday (2002)

Whereas Lessig's recent work engages with questions of culture and creativity in society, this paper...

 

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Heretic: Copyright Law and Dramatic Works, Queensland University of Technology Law and Justice Journal (2002)

The production of the play Heretic in 1996 prompted a debate over copyright and the...

 

A Creature of Statute: Copyright Law and Legal Formalism, Entertainment Law Review (2002)

This article argues that copyright law is not just a creature of statute, but it...

 

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Shine: Copyright Law and Film, Australian Intellectual Property Journal (2001)

This article looks at the various experiences of the film-makers involved in Shine in relation...

 

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Napster: Infinite Digital Jukebox or Pirate Bazaar?, Media International Australia Incorporating Culture and Policy (2001)

This paper considers the copyright litigation over the file-sharing program, Napster. The first section examines...

 

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The Demidenko Affair: Copyright Law, Plagiarism, and Ridicule, Media and Arts Law Review (2000)

This article provides an account of one of Australia's great literary hoaxes - the Demidenko...

 

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Bangarra Dance Theatre: Copyright Law and Indigenous Culture, Griffith Law Review (2000)

This article considers the artistic and legal practices of Bangarra Dance Theatre in a case...

 

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Four Stories about Copyright Law and Appropriation Art, Media and Arts Law Review (1998)

This article considers copyright law and the art of appropriation in an Australian context. It...

 

Case Notes

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Inventing Life: Patent Law and Synthetic Biology (with Alison McLennan), The Conversation (2012)

With promises of improved medical treatments, greener energy and even artificial life, the field of...

 

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Who Owns the Sun? Patent Law and Clean Energy, The Conversation (2012)

There is a trade war brewing between the United States and China over intellectual property...

 

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Climate Justice for Intellectual Property at Durban (2011)

DURBAN CLIMATE CHANGE CONFERENCE: In a global day of action for climate justice, thousands of...

 

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Tobacco's Mad Men Threaten Public Health, The Conversation (2011)

In an episode of the television show Mad Men, Don Draper, the creative director of...

 

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The Copenhagen Accord and Climate Innovation Centres, Griffith Hack, Clean and Sustainable Technologies Group (2010)

After much hue and cry, the Copenhagen negotiations over intellectual property and climate change ended...

 

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IP Policy Void in the 'Grand Climate Bargain', Australian R & D Review (2009)

In September, Prime Minister Kevin Rudd emphasized the need for national and global action on...

 

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Reform the Patent System, Australian R & D Review (2009)

Campaigning to become United States President, Barack Obama vowed to ‘Reform the Patent System’. He...

 

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The Road to Copenhagen: Intellectual Property and Climate Change, The Journal of Intellectual Property Law and Practice (2009)

The draft negotiating text on long-term co-operative action under the United Nations Framework Convention on...

 

Fair Use and Other Fantastic Beasts: In Search of Harry Potter, Australian Intellectual Property Law Bulletin, April 2009, Vol. 21 (9), p. 188-192. (2009)

In the landmark 2008 case Warner Bros and JK

Rowling v RDR Books, Patterson J...

 

Vanquishing the 'Patent Trolls', ", Journal of International Biotechnology Law, 2008, Vol. 5 (5), p. 102-104. (2008)

Patent law provides exclusive rights to exploit scientific inventions, which are novel, inventive, and useful....

 

Harry Potter and the Lexicon of Doom, Australian Intellectual Property Law Bulletin, July 2008, Vol. 21 (2), p. 26-29. (2008)

In a three day trial in April 2008, the United States District Court for the...

 

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Patent Trolls and Patent-Busters, ABC Online Opinion (2008)

Once upon a time, Abraham Lincoln famously said that the patent system was intended to...

 

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Get Rid of the Patent Absurdities, The Australian Higher Education (2008)

AUSTRALIA'S patent laws need to be updated for the 21st century to accommodate a range...

 

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A Right of Resale? Indigenous Art Under the Hammer, ABC News Opinion. (2007)

This week, Sotheby's sold the late Clifford Possum Tjapaltjarri's painting, Warlugulong. The auctionhouse's spokesman, Tim...

 

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Copyright Laws Caught in the Web: Viacom International v YouTube, ABC Online (2007)

Back in the 1996, the World Intellectual Property Organisation promulgated internet treaties to help protect...

 

The Valley Of The Dolls: Brand Protection And Artistic Parody, Australian Intellectual Property Bulletin, April 2004, Vol. 16 (10), p 160-163. (2004)

In the case of Mattel Inc v Walking Mountain Productions, the toy doll manufacturer Mattel...

 

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Albert Namatjira: Copyright Estates and Traditional Knowledge, Incite (2003)

Albert Namatjira was Australia's first Indigenous professional artist. He adapted Western-style painting to express his...

 

Policy Submissions

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A Submission to the Joint Standing Committee on Treaties on the Anti-Counterfeiting Trade Agreement 2011 (#ACTA) (2012)

“If Hollywood could order intellectual property laws for Christmas, what would they look like? This...

 

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A Submission to the Senate Legal and Constitutional Committee on the Trade Marks Amendment (Tobacco Plain Packaging) Bill 2011 (Cth), The Senate Legal and Constitutional Committee (2011)

As an intellectual property expert, I am of the view that the much threatened litigation...

 

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A Submission on the Hawke Interim report on the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (with Sarah Holcombe and Terri Janke) (2009)

There are currently no regulatory mechanisms, laws or policies that specifically provide rights to Indigenous...

 

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A Submission to the House Standing Committee on Procedure Inquiry into the Effectiveness of House Committees (with Simon Rice) (2009)

Thank you for the opportunity to make a submission to your inquiry into the effectiveness...

 

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A Submission to the Joint Standing Committee on Treaties on the Agreement Between Australia and the European Community on Trade in Wine 2009 (2009)

Geographical indications are defined under the TRIPS Agreement 1994 as “indications which identify a good...

 

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A Submission to the Senate Community Affairs Committee Inquiry into Gene Patents (2009)

I am a senior lecturer and the associate director for research at the Australian National...

 

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A Submission to the Inquiry into the Resale Royalty Right for Visual Artists Bill 2008 (Cth) (with Robert Dearn), House of Representatives Standing Committee on Climate Change, Environment, Heritage, and the Arts (2009)

We whole-heartedly support the introduction of a right of resale for visual artists in Australia....

 

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The Australia-Chile Free Trade Agreement 2008: Intellectual Property and Development. A Submission to the Joint Standing Committee on Treaties. (2008)

“The Intellectual Property chapter locks in Australia and Chile’s current standards of intellectual property protection...

 

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The Hong Kong Amendment to the TRIPS Agreement: A Submission to the Joint Standing Committee on Treaties. (2007)

In the wake of the Doha Declaration on the TRIPS Agreement and Public Health 2001...

 

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The Copyright Amendment (Film Directors' Rights) Bill 2005: A Submission to the Senate Legal and Constitutional Committee (2005)

Despite Australia’s prodigious directing talent our Copyright Act operates under the legal fiction that there...

 

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The Australia-United States Free Trade Agreement 2004 and the Copyright Term Extension. A Submission to the Senate Select Committee. (2004)

"There is a whole constituency out there with a strong view against copyright term extension...

 

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Patents and Experimental Use: A Submission to the Advisory Council on Intellectual Property. (with Krishna Rajendra) (2004)

As part of its policy activities, ACIPA hosted a symposium, "Freedom To Tinker: Patent Law...

 

Book Reviews

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'Not all Rights Are Reserved; A Book Review of Reclaiming Fair Use: How to Put Balance Back in Copyright by Patricia Aufderheide and Peter Jaszi' (2012)

This lively book, Reclaiming Fair Use: How to Put Balance Back in Copyright, is designed...

 

Media Futures: A Review Essay on 'The Future of Reputation', 'TV Futures', and 'The Future of the Internet and How to Stop It', Prometheus, Vol. 27 (3), p. 267-279. (2009)

This review essay considers three recent books, which have explored the legal dimensions of new...

 

The True History of Copyright, The Australian Experience 1905-2005; A Book Review, Australian Bar Review, Vol. 31 (2), p. 230-235. (2008)

In his book, True History of the Kelly Gang, the Australian novelist Peter Carey retells...

 

Intellectual Property: The Many Faces of the Public Domain; A Book Review, Media and Arts Law Review, Vol. 13, p. 266-271. (2008)

Given this heritage, it is little wonder that the University of Edinburgh has taken such...

 

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How to be Alone: New Dimensions in Privacy Law, Media and Arts Law Review, Vol. 12 (4), p. 544-547. (2007)

The book, New Dimensions in Privacy Law, has an arresting cover — a pack of...

 

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Freedom of Expression (R): Overzealous Copyright Bozos and Other Enemies of Creativity, Media and Arts Law Review, Vol. 11 (1), p. 83-94. (2006)

Of late, there has been a spate of popular and academic books decrying that copyright...

 

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Law and Internet Cultures, First Monday, Issue 10 (12), URL: http://www.firstmonday.org/issues/issue10_12/reviews/index.html (2005)

Law and Internet Cultures is a highly original and creative perspective on cyberspace law, with...

 

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'Moral Rights And Their Application To Australia: A Book Review' (2004) 32 (2) The Federal Law Review 331-336 (2004)

In Moral Rights and Their Application in Australia, Maree Sainsbury offers a summary of the...

 

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No Trespassing, The Australian Library Journal, Vol. 52 (3), p. 305-306, URL: http://www.abm.uu.se/evahw/NT.pdf (2003)

Eva Hemmungs Wirten is an associate professor in Library and Information Science at the University...

 

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'Information Feudalism: Who Owns The Knowledge Economy. A Book Review' (2003) 21 (1) Prometheus 127-132 (2003)

Back in 1995, Peter Drahos wrote a futuristic article called ‘Information feudalism in the information...

 

The Sequence: Inside The Race For The Human Genome (2002) 24 (1) European Intellectual Property Review 48-49. (2002)

The human genome project was a grand scientific enterprise, which attracted both hyperbole and ridicule...

 

International Copyright Law: A Book Review (2001) 23 (12) European Intellectual Property Review 601-602. (2001)

In his 1994 book, Copyright's Highway, Paul Goldstein made the telling prophecy:

"The celestial jukebox...

 

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The Artist is a Thief, Muse Magazine, URL: http://eprints.anu.edu.au/archive/00002029/ (2001)

Stephen Gray is a writer and law lecturer who has been living in Darwin since...

 

Mauve: How One Man Invented a Colour that Changed the World. A Book Review, (2001) 23 (7) European Intellectual Property Review 352-353. (2001)

In an essay, "The Books of Last Things", Delia Falconer discusses the emergence of a...