Australia’s position on medicines policy in international forums: Intellectual property protection and public health

Universal access to affordable medicines, which are safe, efficacious and of high quality, and which are appropriately used, depends on national legislation that is in turn constrained by a range of international agreements. This regulatory configuration also affects the profitability of the pharmaceutical industry, domestic and international. Tensions and contradictions between industry profitability and public health objectives relate to access, innovation and regulation.

Introduction: Lambert and lampposts: the end of equality in Anglo-Australian matrimonial property law

This contribution introduces the volume by classifying the collection into 3 categories: (i) examinations of the area of property law which focus on the relationship between the decisions in White, Figgins and Lambert; (ii) reactions to the implications of McFarlane, Parlour for the evolution of spousal maintenance; (iii) more general theoretical considerations of ‘fairness’. It is argued that the judicial response to the breadth of the discretion provided by the respective legislatures has been to create ‘rules of thumb’; and that the absence of any serious examination of underlying principles has been to permit opportunistic cross-referencing between the jurisdictions. In this context it is argued that (analogously with the introduction of no-fault divorce) the recent attraction of ‘equality’ as a governing principle owes more to the incapacity and/or unwillingness of the forensic process to evaluate contribution in a coherent manner than to any genuine commitment to substantive equality.

Marketing aboriginal art: an intellectual property fiction?

This paper argues that legality is not enough in seeking to solve the problems caused by charlatans and carpet baggers in the Australian Aboriginal art market. It examines the role of social marketing initially posited for the health sector and seeks to apply its strategies to the Aboriginal art market. The author draws comparisons between successes in health and the need for successes in the Aboriginal art market. It suggests that social marketing has been overlooked as a way forward for the Aboriginal art market. The paper concludes by stating that conditions will not change with quick-fix legal solutions sought for complex problems. They are an intellectual property fiction.

Principles of property law

This comprehensive text covers all of the materials relevant to property law in a detailed and thorough manner. The second edition examines the basic tenants of property law,as well as specific property interests such as land interests and the way in which these interests are conveyed, registered and co-ordinated.The book considers the development of native title as a legally recognised form of property in Australia and how such an interest sits within the common law and statutory infrastructure. Principles of Property Law is a vital book for students studying this complex area and is also a valuable addition to the library of academics and practitioners interested in this field.

Real property law

The aim of this book is to provide the student and/or practitioner with a straightforward outline of some of the primary elements underlying the recognition and regulation of real property.

Aboriginal art market : intellectual property case studies

The Indigenous Art Market: Intellectual Property Case Studies project is a national study aiming to gain an overview of how intellectual property issues intersect with the Indiegenous artists and the Indigenous art market in Australia. The initiative comes from the Deakin University Centre for Leisure Research Management with funding from the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS

Australian property law: cases, materials and analysis

"CONTENTS: Concepts of Property; Possession and Title; Fixtures, Encroachment and Boundaries; Adverse Possession; The Doctrine of Tenure and Estates; Leases; Native Title; Equitable Interests; Priority Rules; The Torrens System; Unregistered Interests; Easements; Covenants; Mortgages; Co-ownership."--Provided by publisher.

The role of entrepreneurship education in the commercialization of intellectual property at Canadian universities

In this research paper, we explore the relationship between the commercialization of intellectual property created within Canadian universities and academic entrepreneurship education programs. The steady growth and importance of both these activities over the last twenty years highlights the value of empirically examining the linkages that may exist between them. This paper will endeavor to add to the limited research in these areas and provide both empirical evidence and theoretical support to improve definition and distinction of the roles of these two seemingly interrelated activities. The data tested suggest that the main driver of commercialization intensity is derived from the creation of an environment rich in IP. However, further study is required to enhance understanding. In particular, we need to know more about the impact that the development of entrepreneurial capacity within an institution may have upon the spin-out process.

Traditional knowledge, biological resources and intellectual property rights in Asia : the example of the Philippines

The relationship between traditional knowledge and intellectual property rights has become a topic for intensive debates at the national level, in various international settings and within and among different UN agencies, including the World Intellectual Property Organisation (WIPO), the UN Food and Agriculture Organisation (FAO), UNESCO, UNCTAD and the United Nations Environment Programme (UNEP). However, a consensus on a definition of traditional knowledge has yet to emerge due to persistent differences in perception. On the one hand, indigenous communities hold locally specific and holistic views of traditional knowledge, which are difficult to place within the framework of current intellectual property rights. Governments of developing countries, on the other hand, mostly focus on clearly defined aspects of traditional knowledge and their interpretation in the national interest and as expressions of national culture. Asian governments, in particular, have advocated the latter view. The Philippines provide an exception due to a tradition of recognising indigenous people as separate "cultural communities". However, the practical implementation of so-called "community intellectual rights" thus far is largely confined to access and benefit sharing rules, compensation requirements for traditional farmers and defensive protection measures such as digital libraries documenting traditional knowledge.

Commonising the enclosure : online games and reforming intellectual property regimes

Online computer gamers are a creative bunch, from the mayhem of first-person shooters (FPS) to the more social experiences of massive multiplayer online role-playing games (MMORPG), gamers are producing new content for their favourite titles at an amazing rate. This paper explores the rewriting of the boundaries in the production and ownership of intellectual property in the computer games industry. The purpose is to examine the potential for computer game studies to contribute to an understanding of an alternative intellectual property regime known as the commons. This paper will explore how computer games users establish commons-like formations, specific to the digital environment, that extend the confines of current intellectual property rights. It will argue that the productive activities of online gamers are not motivated by the traditional logic of market-based incentives. This represents a new condition which may contribute to a reformation of the privatising enclosure of the intellectual property system.
Keywords: massive multiplayer online