Latest updates to the Law of Intellectual Property: Copyright, Design & Confidential Information
Review of chapter on Public Access to Protected Material: Free Use Exceptions completed
The chapter on Public Access to Protected Material: Free Use Exceptions, dealing with free use exceptions to copyright protection, has been completely reviewed and updated, including new commentary on the parody and satire defence under s 41A. From [11.0]ff.
Responsibility for copyright following the federal elections of May 2022
After the election of a new government in May 2022, responsibility for copyright and circuit layouts legislation has reverted to the Attorney-General’s Department after seven years of exile elsewhere in government. See [RD.1800].
Productivity Commission' Draft Report on Aboriginal and Torres Strait Islander Visual Arts and Crafts
The Productivity Commission’s draft report on Aboriginal and Torres Straits Islander visual arts and crafts was released in late July 2022 and contains, among other things, a proposal for a separate legislative regime for indigenous cultural property (the final report is scheduled for the end of 2022). See [RD.205].
Proposed international diplomatic conference on new designs treaty
The World Intellectual Property Organization (WIPO), through its relevant standing committees, has also been working on developing the text for a new designs law treaty that will harmonise procedural aspects of the application process and that will be of aid to those seeking protection in other jurisdictions. At the most recent meetings of the WIPO governing bodies on 21 July 2022, approval was given by member states (including Australia) for WIPO to convene a diplomatic conference no later than 2024 to consider and adopt a new treaty on designs which “would streamline the global system for protecting designs, which are an integral part of many brands, by eliminating red tape and accelerating protection procedures. See [RD.1900].
Recent Copyright Tribunal decisions
For discussions about recent Copyright Tribunal decisions, please refer to [RD.1040] (Copyright Agency Ltd v University of Adelaide [2022] ACopyT 2) and [RD.1045] (Isentia Pty LimitedLtd [2021] ACopyT 2).
The Law of Intellectual Property: Copyright, Design and Confidential Information service provides a comprehensive discussion of intellectual property rights relating to the protection of copyright, designs, confidential information, trade secrets and commercial ideas. It provides coverage of changes to practice that have developed through case law and legislation, particularly on the issues of protection of rights, infringement, regulating and enforcing rights, defences and effective remedies. The commentary is divided into five broad areas: Overarching Themes; Copyright and "Neighbouring Rights"; Other Rights Allied to Copyright; Designs; and Confidential Information and the Protection of Ideas. The service contains all relevant Australian legislative material and pertinent international agreements and some precedents.
The Intellectual Property & Technology Practice Area is a one-stop shop for practitioners containing news, commentary, a journal, cases and precedents. Our premium news service Alert24 provides daily alerts to your inbox – keeping you abreast of legislative, case and news developments. The Intellectual Property & Technology Law Noticeboard is specifically geared for specialists in the area and will deliver news items of interest and significance written and curated by in-house editors. To subscribe to the Intellectual Property & Technology Law Practice Area on Westlaw, contact Thomson Reuters.
Sam Ricketson AM is an Emeritus Professor in the Melbourne Law School who has written widely and taught in all areas of intellectual property (IP) law. Prior to his retirement in April 2019, he was a professor in the Law School, teaching mainly in the Masters programme. He also practised part-time at the Victorian Bar until mid-2015, principally in IP.
Sam Ricketson holds degrees from the Universities of Melbourne and London, and is a Fellow of the Academy of Social Sciences of Australia and of the Australian Academy of Law. Prior to his appointment to the University of Melbourne in November 2000, Sam was the Sir Keith Aickin Professor of Commercial (formerly Corporate) Law at Monash University. Before this, he had held positions at the University of Melbourne (1977 to 1991) and in the Centre for Commercial Law Studies, Queen Mary & Westfield College, London (1984-1986).