Latest updates to the Law of Intellectual Property: Copyright, Design & Confidential Information
Review of chapter on Proprietary Rights: Ownership and Exploitation completed
The chapter on Proprietary Rights: Ownership and Exploitation has been reviewed and revised, including commentary on the recent High Court decision Realestate.com.au Pty Ltd v Hardingham (2022) 97 ALJR 40; [2022] HCA 39 (14 December 2022) on implied licences (at [14.441]. From [14.0]ff.
Recent Developments section updated
The Recent Developments section (from [RD.100] has been updated with commentary on:
- the Attorney-General's inquiry on enforcement of copyright at [RD.2000];
- Indigenous Cultural Property and the recent Productivity Commission report at [RD.205] and [RD.210];
- discussions of the following notable cases:
- Campaigntrack Pty Ltd v Real Estate Tool Box Pty Ltd (2022) 292 FCR 512; 167 IPR 411; [2022] FCAFC 112 (6 July 2022) (at [RD.1000];
- Realestate.com.au Pty Ltd v Hardingham (2022) 97 ALJR 40; [2022] HCA 39 (14 December 2022) (at [RD.1005]); and
- Copyright Agency Ltd v Isentia Pty Ltd [2022] FCAFC 163 (22 September 2022) (at [RD.1045]);
- author's news update - digital platforms, Google, Facebook and mandatory code at [RD.100]; and
- a new National Cultural Policy at [RD.2200].
For a detailed summary of this release, please refer to [S23.10].
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).