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Lexis Nexis Intellectual Property in Australia, 7th edition
Clear and authoritative discussion of intellectual property law, its commercial application and future direction.
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Product description
This authoritative and engaging book offers insightful treatment of the law of intellectual property. It provides accessible explanations and analysis of the current regimes and their application in various commercial settings, while examining the trends and tensions that influence future changes to the Australian intellectual property system. Topics covered include confidentiality, copyright, designs and related rights, patents, business reputation and trade marks, and the commercialisation of intellectual property. It is an invaluable resource for students and lecturers, and a practical reference for practitioners.
The seventh edition has been fully revised and updated to include recent developments in case law and legislation, including the following:
• introduction of the ‘patent box’ tax concession
• introduction of ‘exclusive licensees’ and a grace period into the Designs Act
• proposed Copyright Act amendments regarding orphan works
• ‘patent exhaustion’ taking over from the ‘implied licence principle’
• Full Federal Court consideration of ‘artificial intelligence’ as an inventor
• proposed amendments to the law relating to unfair contract terms;
• repeal of intellectual property protections in Competition and Consumer Act s 51(3)
• introduction of new Trade Marks Act s 122A to prevent trade mark owners from artificially restricting parallel imports
• important trade mark decisions including:
o Hashtag Burgers Pty Ltd v In-N-Out Burgers, Inc (2020)
o Allergan Australia Pty Ltd v Self Care IP Holdings Pty Ltd (2021)
o Kraft Foods Group Brands LLC v Bega Cheese Ltd (2020)
Features
• Authoritative author team
• Clear and accessible commentary
• Covers both the law and its commercial application
• Provides insights into potential reform
Related Titles
• Ricketson, Richardson & Huang, Intellectual Property: Cases, Materials and Commentary, 6th ed, 2020
• Roy, Quick Reference Card: Intellectual Property, 2nd ed, 2021
• Stoianoff, Chilton & Monotti, Commercialisation of Intellectual Property, 2019
• van Caenegem, Intellectual and Industrial Property Law, 3rd ed, 2019
Table of contents
- PART 1 Introduction
- Ch 1 An Overview
- Ch 2 Enforcement of Rights
- PART 2 Confidentiality
- Ch 3 The Concept of Rights in Information
- Ch 4 Breach of Confidence
- PART 3 Copyright, Designs and Related Rights
- Ch 5 Copyright: Basic Concepts
- Ch 6 Subsistence of Copyright
- Ch 7 Exploitation of Copyright
- Ch 8 Infringement of Copyright
- Ch 9 Moral Rights and Related Rights
- Ch 10 Designs
- PART 4 Patents
- Ch 11 The Patent System
- Ch 12 Validity of Patents
- Ch 13 Ownership and Exploitation of Patent Rights
- Ch 14 Infringement of Patent Rights
- Ch 15 Plant Breeder’s Rights
- PART 5 Business Reputation
- Ch 16 Misappropriation of Business Reputation: General Principles
- Ch 17 Misappropriation: Establishing a Reputation
- Ch 18 Misappropriation: Establishing Deception
- Ch 19 Registration of Trade Marks
- Ch 20 Protection and Exploitation of Registered Marks
- PART 6 Other Dimensions
- Ch 21 International Aspects of Intellectual Property Protection
- Ch 22 Commercialising Intellectual Property
