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- Access to Essential Medicines (3)
- Biotechnology (3)
- Climate Change (3)
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- Plain Packaging of Tobacco Products (3)
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- Gene Patents (2)
- Indigenous Intellectual Property (2)
- International Intellectual Property and Trade (2)
- International Law (2)
- Moral Rights (2)
- Optus (2)
- Patent law (2)
- Plain Packaging (2)
- Technology Transfer (2)
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- Genographic Project. (1)
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- 23andMe Inc. (1)
Articles 1 - 30 of 35
Full-Text Articles in Law
The Plain Packaging Of Tobacco Products: A Submission To The New Zealand Parliament, Matthew Rimmer Dr
The Plain Packaging Of Tobacco Products: A Submission To The New Zealand Parliament, Matthew Rimmer Dr
Matthew Rimmer
RECOMMENDATIONSRecommendation 1 New Zealand should introduce the plain packaging of tobacco products in order to implement the World Health Organization Framework Convention on Tobacco Control 2003 – in particular, Articles 11 and 13 of the agreement, and the accompanying guidelines.Recommendation 2 New Zealand should implement plain packaging of tobacco products, without delay or hesitation. There is no good reason to wait for the resolution of the five disputes between Australia and other countries in the World Trade Organization. Australian Government has a strong case. Its opponents have been seeking to stall and delay the disputes.Recommendation 3 In my expert opinion, …
The Empire Of Cancer: Gene Patents And Cancer Voices, Matthew Rimmer
The Empire Of Cancer: Gene Patents And Cancer Voices, Matthew Rimmer
Matthew Rimmer
In his book, The Emperor of All Maladies, Siddhartha Mukherjee writes a history of cancer — ‘It is a chronicle of an ancient disease — once a clandestine, “whispered-about” illness — that has metamorphosed into a lethal shape-shifting entity imbued with such penetrating metaphorical, medical, scientific, and political potency that cancer is often described as the defining plague of our generation’.Increasingly, an important theme in the history of cancer is the role of law, particularly in the field of intellectual property law. It is striking that a number of contemporary policy debates over intellectual property and public health have concerned …
A Submission To The House Of Representatives Standing Committee On Social Policy And Legal Affairs On The Intellectual Property Laws Amendment Bill 2013 (Cth), Matthew Rimmer
Matthew Rimmer
The amendments contained in the Intellectual Property Laws Amendment Bill 2013 (Cth) are designed to provide safeguards in relation to patent law and the public interest.In the 2012 case on plain packaging, the Chief Justice of the High Court of Australia, Robert French, emphasized that the role of intellectual property law is to promote public objectives. His Honour observed: ‘There are and always have been purposive elements reflecting public policy considerations which inform the statutory creation of intellectual property rights.’ Discussing the role of patent law, Chief Justice Robert French commented:The Patents Act 1990 (Cth) provides that a patent gives …
Pirates Of The Australian Election, Matthew Rimmer
Pirates Of The Australian Election, Matthew Rimmer
Matthew Rimmer
“Pirate parties” have proliferated across Europe and North America in the past decade, championing issues such as intellectual property (IP), freedom of speech, and the protection of privacy and anonymity.This year, the movement hit Australian shores: The Pirate Party Australia was officially registered by the Australian Electoral Commission in January 2013. (You can read its principles and platform here.)“More than ever before, there is a necessity in Australia for a party that holds empowerment, participation, free culture and openness as its central tenets”, Pirate Party founder Rodney Serkowski said in a press release announcing the group’s successful registration. Their first …
An Elegy For Greg Ham: Copyright Law, The Kookaburra Case, And Remix Culture, Matthew Rimmer
An Elegy For Greg Ham: Copyright Law, The Kookaburra Case, And Remix Culture, Matthew Rimmer
Matthew Rimmer
The ‘Kookaburra’ case was a tragic and controversial copyright dispute, highlighting the need for copyright law reform by the Australian Parliament. In the Kookaburra case, a copyright action was brought by Larrikin Records against Men at Work’s song ‘Down Under’, alleging copyright infringement of the ‘Kookaburra’ song composed by Marion Sinclair. The dispute raised a host of doctrinal matters. There was disquiet over the length of the copyright term. There were fierce contests as to the copyright ownership of the ‘Kookaburra’ song. The litigation raised questions about copyright infringement and substantiality – particularly in relation to musical works. The ‘Kookaburra’ …
23andme Inc.: Patent Law And Lifestyle Genetics, Matthew Rimmer
23andme Inc.: Patent Law And Lifestyle Genetics, Matthew Rimmer
Matthew Rimmer
The venture, 23andMe Inc., raises a host of issues in respect of patent law, policy, and practice in respect of lifestyle genetics and personalised medicine. The company observes: ‘We recognize that the availability of personal genetic information raises important issues at the nexus of ethics, law, and public policy’. 23andMe Inc. has tested the boundaries of patent law, with its patent applications, which cut across information technology, medicine, and biotechnology. The company’s research raises fundamental issues about patentability, especially in light of the litigation in Bilski v. Kappos, Mayo Collaborative Services v. Prometheus Laboratories Inc. and Association for Molecular Pathology …
A Submission To The Australian Law Reform Commission On Copyright And The Digital Economy: Remix Culture, Matthew Rimmer
A Submission To The Australian Law Reform Commission On Copyright And The Digital Economy: Remix Culture, Matthew Rimmer
Matthew Rimmer
RECOMMENDATIONSIn its issues paper, the Australian Law Reform Commission asks a number of inter-connected questions about transformative use, fair dealing, and fair use:Transformative useQuestion 14. How are copyright materials being used in transformative and collaborative ways—for example, in ‘sampling’, ‘remixes’ and ‘mashups’. For what purposes—for example, commercial purposes, in creating cultural works or as individual self-expression?Question 15. Should the use of copyright materials in transformative uses be more freely permitted? Should the Copyright Act 1968 (Cth) be amended to provide that transformative use does not constitute an infringement of copyright? If so, how should such an exception be framed?Question 16. …
A Submission To The Australian Law Reform Commission On Copyright And The Digital Economy: 3d Printing, Matthew Rimmer
A Submission To The Australian Law Reform Commission On Copyright And The Digital Economy: 3d Printing, Matthew Rimmer
Matthew Rimmer
RECOMMENDATIONSThe Australian Law Reform Commission poses a number of questions on the defence of fair use in Copyright and the Digital Economy.Question 52. Should the Copyright Act 1968 (Cth) be amended to include a broad, flexible exception? If so, how should this exception be framed? For example, should such an exception be based on ‘fairness’, ‘reasonableness’ or something else? Question 53. Should such a new exception replace all or some existing exceptions or should it be in addition to existing exceptions?The case study of 3D printing highlights how Australia would benefit from a defence of fair use.Recommendation 1 The narrow, …
A Submission To The Australian Law Reform Commission On Copyright And The Digital Economy: Disability Rights, Matthew Rimmer Dr
A Submission To The Australian Law Reform Commission On Copyright And The Digital Economy: Disability Rights, Matthew Rimmer Dr
Matthew Rimmer
RECOMMENDATIONS
Recommendation 1 The Australian Government should take legislative action to implement Article 30 (3) of the United Nations Convention on the Rights of Persons with Disabilities 2006, which provides that ‘States Parties shall take all appropriate steps, in accordance with international law, to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials’. This will involve revising the Copyright Act 1968 (Cth) – and addressing any direct or indirect disability discrimination.
Recommendation 2 The Australian Law Reform Commission should consider revising the Copyright Act 1968 …
A Submission To The Australian Law Reform Commission On Copyright And The Digital Economy: International Law, Matthew Rimmer Dr
A Submission To The Australian Law Reform Commission On Copyright And The Digital Economy: International Law, Matthew Rimmer Dr
Matthew Rimmer
The Australian Law Reform Commission poses a question in respect of international law in the issues paper on Copyright and the Digital Economy.Question 1. The ALRC is interested in evidence of how Australia’s copyright law is affecting participation in the digital economy. For example, is there evidence about how copyright law: a. affects the ability of creators to earn a living, including through access to new revenue streams and new digital goods and services; b. affects the introduction of new or innovative business models; c. imposes unnecessary costs or inefficiencies on creators or those wanting to access or make use …
A Submission To The Australian Law Reform Commission On Copyright And The Digital Economy: Consumer Rights, Matthew Rimmer
A Submission To The Australian Law Reform Commission On Copyright And The Digital Economy: Consumer Rights, Matthew Rimmer
Matthew Rimmer
RECOMMENDATIONSThe Australian Law Reform Commission poses a number of inter-related questions about copyright law, personal use, consumer rights, and cloud computing:Cloud computingQuestion 5. Is Australian copyright law impeding the development or delivery of cloud computing services?Question 6. Should exceptions in the Copyright Act 1968 (Cth) be amended, or new exceptions created, to account for new cloud computing services, and if so, how?Copying for private useQuestion 7. Should the copying of legally acquired copyright material, including broadcast material, for private and domestic use be more freely permitted?Question 8. The format shifting exceptions in the Copyright Act 1968 (Cth) allow users to …
A Submission To The Australian Law Reform Commission On Copyright And The Digital Economy: Moral Rights, Matthew Rimmer
A Submission To The Australian Law Reform Commission On Copyright And The Digital Economy: Moral Rights, Matthew Rimmer
Matthew Rimmer
RECOMMENDATIONSThe Australian Law Reform Commission poses a question in respect of moral rights in the issues paper on Copyright and the Digital Economy.Question 18. The Copyright Act 1968 (Cth) provides authors with three ‘moral rights’: a right of attribution; a right against false attribution; and a right of integrity. What amendments to provisions of the Act dealing with moral rights may be desirable to respond to new exceptions allowing transformative or collaborative uses of copyright material?In response, I would emphasize a number of themes in respect of moral rights.Recommendation 1 There is a need for the Australian Law Reform Commission …
A Submission To The Australian Law Reform Commission On Copyright And The Digital Economy: The Copyright Term And Orphan Works, Matthew Rimmer
A Submission To The Australian Law Reform Commission On Copyright And The Digital Economy: The Copyright Term And Orphan Works, Matthew Rimmer
Matthew Rimmer
RECOMMENDATIONSThe Australian Law Reform Commission asks a number of questions in respect of copyright law and orphan works:Question 23. How does the legal treatment of orphan works affect the use, access to and dissemination of copyright works in Australia?Question 24. Should the Copyright Act 1968 (Cth) be amended to create a new exception or collective licensing scheme for use of orphan works? How should such an exception or collective licensing scheme be framed?In response, I would make the following recommendations on copyright term and copyright duration; old copyright works; orphan works; and copyfraud:Recommendation 1 The Australian Government should withdraw from …
A Submission To The Australian Law Reform Commission On Copyright And The Digital Economy: The Progress Of Science, Matthew Rimmer
A Submission To The Australian Law Reform Commission On Copyright And The Digital Economy: The Progress Of Science, Matthew Rimmer
Matthew Rimmer
RECOMMENDATIONSThe Australian Law Reform Commission poses a number of questions about copyright law and databases in its issues paper on Copyright and the Digital Economy:Data and text miningQuestion 25. Are uses of data and text mining tools being impeded by the Copyright Act 1968 (Cth)? What evidence, if any, is there of the value of data mining to the digital economy?Question 26. Should the Copyright Act 1968 (Cth) be amended to provide for an exception for the use of copyright material for text, data mining and other analytical software? If so, how should this exception be framed?Question 27. Are there …
Patents For Humanity, Matthew Rimmer
Patents For Humanity, Matthew Rimmer
Matthew Rimmer
This article evaluates two policy initiatives by the United States Government to address access to essential medicines—Priority Review vouchers and “Patents for Humanity”. Such proposals are aimed at speeding up the regulatory review of inventions with humanitarian uses and applications by the United States Food and Drug Administration, and the United States Patent and Trademark Office. It is argued that such measures fall short of international standards and norms established by the World Intellectual Property Organization Development Agenda 2007; the World Trade Organization’s Doha Declaration on the TRIPS Agreement and Public Health 2001 and the WTO General Council Decision of …
A Submission To The New Zealand Government On The Plain Packaging Of Tobacco Products, Matthew Rimmer
A Submission To The New Zealand Government On The Plain Packaging Of Tobacco Products, Matthew Rimmer
Matthew Rimmer
EXECUTIVE SUMMARYThis submission draws upon a number of pieces of research and policy papers on the plain packaging of tobacco products including:1. Becky Freeman, Simon Chapman, and Matthew Rimmer, 'The Case for the Plain Packaging of Tobacco Products' (2008) 103 (4) Addiction 580-590.2. Matthew Rimmer, 'A Submission to the Senate Legal and Constitutional Committee on the Trade Marks Amendment (Tobacco Plain Packaging) Bill (Cth)', September 2011, https://senate.aph.gov.au/submissions/comittees/viewdocument.aspx?id=dabfcd75-9807-493f-bc99-4a7506bf493b3A. Matthew Rimmer, 'Tobacco's Mad Men Threaten Public Health', The Conversation, 23 September 2011, http://theconversation.edu.au/tobaccos-mad-men-threaten-public-health-34503B. Matthew Rimmer, 'Big Tobacco's Box Fetish: Plain Packaging at the High Court', The Conversation, 20 April 2012, https://theconversation.edu.au/big-tobaccos-box-fetish-plain-packaging-at-the-high-court-65183C. Matthew …
It Pricing: Copyright Law, Consumer Rights, And Competition Policy. A Submission To The House Of Representatives Standing Committee On Infrastructure And Communications Inquiry Into It Pricing, Matthew Rimmer
Matthew Rimmer
Justice Lionel Murphy‘Copyright is being used to manipulate the Australian market.’Justice Michael Kirby‘In effect, and apparently intentionally, those [technological] restrictions reduce global market competition. They inhibit rights ordinarily acquired by Australian owners of chattels to use and adapt the same, once acquired, to their advantage and for their use as they see fit.’US Attorney-General Eric Holder‘As a result of this alleged conspiracy, we believe that consumers paid millions of dollars more for some of the most popular titles.’Justice Denise Coates‘There can be no denying the importance of books and authors in the quest for human knowledge and creative expression, and …
This Sporting Life: Copyright Law And Consumer Rights, Matthew Rimmer
This Sporting Life: Copyright Law And Consumer Rights, Matthew Rimmer
Matthew Rimmer
When too much sport is not enoughH.G. Nelson and Roy SlavenSport occupies an anomalous position under Australian copyright law. A footballer like Gary Ablett Junior is not an author under copyright law. A sporting spectacle like the AFL Grand Final or the State of Origin is not a dramatic work. Sporting events are protected somewhat peripherally as television broadcasts under Australian copyright law. Nonetheless, sports organizations have engaged in special pleading in respect of intellectual property law. This has been particularly evident in the litigation between Optus, the National Rugby League, and the Australian Football League.
Sorting Out The Green From The Greenwash, Matthew Rimmer
Sorting Out The Green From The Greenwash, Matthew Rimmer
Matthew Rimmer
Greenwashing is corporate spin which involves making misleading or deceptive claims that a company’s products or services are environmentally sustainable or friendly.The problem of greenwashing requires a robust, integrated approach to law reform to discourage the practice that makes it harder for legitimate voices to be heard.The consultancy group, TerraChoice, had identified seven sins of greenwashing – including claims involving hidden trade-offs; lack of proof; vagueness; false labelling; irrelevant claims; false comparisons; and false statements. Such conduct is putting consumers at a disadvantage and giving some businesses an unfair advantage in a market increasingly concerned about the environment and climate …
‘Breakfast At Tiffany’S’: Ebay Inc, Trade Mark Law And Counterfeiting, Matthew Rimmer
‘Breakfast At Tiffany’S’: Ebay Inc, Trade Mark Law And Counterfeiting, Matthew Rimmer
Matthew Rimmer
In an exploration of intellectual property and fashion, this article examines the question of the intermediary liability of online auction-houses for counterfeiting. In the United States, the illustrious jewellery store, Tiffany & Co, brought a legal action against eBay Inc, alleging direct trademark infringement, contributory trademark infringement, false advertising, unfair competition and trademark dilution. The luxury store depicted the online auction-house as a pirate bazaar, a flea-market and a haven for counterfeiting. During epic litigation, eBay Inc successfully defended itself against these allegations in a United States District Court and the United States Court of Appeals for the Second Circuit. …
A Proposal For A Clean Technology Directive: European Patent Law And Climate Change, Matthew Rimmer
A Proposal For A Clean Technology Directive: European Patent Law And Climate Change, Matthew Rimmer
Matthew Rimmer
This article charts the conflicted, dissonant policies of the European Union towards intellectual property and climate change. It contends that there is a mismatch between the empirical work of the European Patent Office and the quietist policy options contemplated by the European Union. This article contends that the European Union needs to develop a Clean Technology Directive to allow for a differentiated approach to patent law and clean technologies – especially given the past complicity of the European Union in global warming and climate change. It highlights essential elements in a comprehensive policy package for the reform of patent law …
A Submission To The Senate Legal And Constitutional Committee On The Trade Marks Amendment (Tobacco Plain Packaging) Bill 2011 (Cth), Matthew Rimmer
A Submission To The Senate Legal And Constitutional Committee On The Trade Marks Amendment (Tobacco Plain Packaging) Bill 2011 (Cth), Matthew Rimmer
Matthew Rimmer
As an intellectual property expert, I am of the view that the much threatened litigation by the Tobacco Industry against the proposed plain packaging for tobacco products is somewhat vexatious.Both the Tobacco Plain Packaging Bill 2011 (Cth) and the Trade Marks Amendment (Tobacco Plain Packaging) Bill 2011 (Cth) are clearly within the Commonwealth's legislative power and capacity; and represent an effective means of implementing some of Australia's obligations under the WHO Framework Convention on Tobacco Control.At the outset, it is worth recalling that internal documents from British American Tobacco emphasized that 'current conventions & treaties afford little protection' for tobacco …
Owning Omega-3: Monsanto And The Invention Of Meat, Matthew Rimmer
Owning Omega-3: Monsanto And The Invention Of Meat, Matthew Rimmer
Matthew Rimmer
In August of 2010, Anna Salleh of the Science Unit of the Australian Broadcasting Corporation broke a story about Monsanto seeking to patent the enhancement of meat, including omega-3 fatty acids:‘Enhanced port is sparking debate over the ethics of placing patents on food. Patent applications covering the enhancement of meat, including pork with omega-3 fatty acids, are stimulating debate over the ethics and legalities of claiming intellectual property over food. Monsanto has filed patents that cover the feeding of animals soybeans, which have been genetically modified by the company to contain stearidonic acid (SDA), a plant-derived omega-3 fatty acid... Omega-3s …
A Fair Use Project For Australia: Copyright Law And Creative Freedom, Matthew Rimmer
A Fair Use Project For Australia: Copyright Law And Creative Freedom, Matthew Rimmer
Matthew Rimmer
This essay provides a critical assessment of the Fair Use Project based at the Stanford Center for Internet and Society. In evaluating the efficacy of the Fair Use Project, it is worthwhile considering the litigation that the group has been involved in, and evaluating its performance. Part 1 outlines the history of the Stanford Center for Internet and Society, and the aims and objectives of the Fair Use Project. Part 2 considers the litigation in Shloss v. Sweeney over a biography concerning Lucia Joyce, the daughter of the avant-garde literary great, James Joyce. Part 3 examines the dispute over the …
The Copenhagen Accord And Climate Innovation Centres, Matthew Rimmer
The Copenhagen Accord And Climate Innovation Centres, Matthew Rimmer
Matthew Rimmer
After much hue and cry, the Copenhagen negotiations over intellectual property and climate change ended in a stalemate and an impasse. There was a gulf between the views of intellectual property maximalists who demanded strong protection of intellectual property rights in respect of clean technologies; and nation states and civil society groups calling for special measures to facilitate technology transfer. As a result, the Copenhagen Accord did contain any text on intellectual property and climate change. Nonetheless, the Copenhagen Accord does, though, contain an important compromise. The text provides for a technology mechanism, which envisages a network of Climate Innovation …
Ip Policy Void In The 'Grand Climate Bargain', Matthew Rimmer
Ip Policy Void In The 'Grand Climate Bargain', Matthew Rimmer
Matthew Rimmer
In September, Prime Minister Kevin Rudd emphasized the need for national and global action on climate change and called for “a grand bargain” between “the developed world and the developing world in order to reach an outcome for the planet earth as a whole”.No doubt, action on climate change will need new technology, which most likely will be predominately developed in a few, innovative countries. It is also clear, however, that if this ‘grand bargain’ is to be more than a wistful hope we need appropriate intellectual property rights in place for these new technological developments.The chairs of the Ad …
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., Matthew Rimmer
Matthew Rimmer
This review essay considers three recent books, which have explored the legal dimensions of new media. In contrast to the unbridled exuberance of Time Magazine, this series of legal works displays an anxious trepidation about the legal ramifications associated with the rise of social networking services. In his tour de force, The Future of Reputation: Gossip, Rumor, and Privacy on the Internet, Daniel Solove considers the implications of social networking services, such as Facebook and YouTube, for the legal protection of reputation under privacy law and defamation law. Andrew Kenyon’s edited collection, TV Futures: Digital Television Policy in Australia, explores …
A Submission On The Hawke Interim Report On The Environment Protection And Biodiversity Conservation Act 1999 (Cth), Sarah Holcombe, Matthew Rimmer, Terri Janke
A Submission On The Hawke Interim Report On The Environment Protection And Biodiversity Conservation Act 1999 (Cth), Sarah Holcombe, Matthew Rimmer, Terri Janke
Matthew Rimmer
There are currently no regulatory mechanisms, laws or policies that specifically provide rights to Indigenous peoples over their Indigenous knowledge and intellectual property. We strongly recommend that the commonwealth take the lead to ensure that national sui generis laws are developed (perhaps to operate initially in areas of Cth jurisdiction, such as IPAs and national parks). The development of such laws should be in tandem with practical guidelines to assist their implementation. A comprehensive, nationally consistent scheme for access to genetic resources, which offers meaningful protection of traditional knowledge and substantive benefit-sharing with Indigenous communities, has to be developed. There …
Wikipedia, Collective Authorship, And The Politics Of Knowledge, Matthew Rimmer
Wikipedia, Collective Authorship, And The Politics Of Knowledge, Matthew Rimmer
Matthew Rimmer
This chapter considers the legal ramifications of Wikipedia, and other online media, such as the Encyclopedia of Life. Nathaniel Tkacz (2007) has observed: 'Wikipedia is an ideal entry-point from which to approach the shifting character of knowledge in contemporary society.' He observes: 'Scholarship on Wikipedia from computer science, history, philosophy, pedagogy and media studies has moved beyond speculation regarding its considerable potential, to the task of interpreting - and potentially intervening in - the significance of Wikipedia's impact' (Tkacz 2007). After an introduction, Part II considers the evolution and development of Wikipedia, and the legal troubles that have attended it. …
A Submission To The House Standing Committee On Procedure Inquiry Into The Effectiveness Of House Committees, Simon Rice, Matthew Rimmer
A Submission To The House Standing Committee On Procedure Inquiry Into The Effectiveness Of House Committees, Simon Rice, Matthew Rimmer
Matthew Rimmer
Thank you for the opportunity to make a submission to your inquiry into the effectiveness of the House Committees. Our Parliamentary committees have six basic roles: to advise, to inquire, to administrate, to legislate, to negotiate, and to scrutinise and control’. After a slow start in Australia, committees have become increasingly important to democratic governance in Australia.
The committees’ effective performance of their tasks are vital to a healthy Australian democracy. It is our experience, as frequent participants in parliamentary committee inquiries, that the committees are not sufficiently resourced, in time and personnel, to effectively discharge their increasingly important role.