Open Access. Powered by Scholars. Published by Universities.®
- Keyword
Articles 1 - 8 of 8
Full-Text Articles in Law
Road To Failure Is Paved With Good Excuses: Calls (Again) To Repeal S 51(3) Of The Competition And Consumer Act 2010, Tyrone Berger
Road To Failure Is Paved With Good Excuses: Calls (Again) To Repeal S 51(3) Of The Competition And Consumer Act 2010, Tyrone Berger
Dr Tyrone Berger
From the outset of the Commonwealth Government announcing a ‘root and branch’ review into Australia’s competition policy on 4 December 2013 (‘Harper Review’), many observers were left with little doubt that the ‘IP exception’ under s 51(3) of the Competition and Consumer Act 2010 (Cth) (CCA) would come under attack again. The concern (now and past) for the Government is acheving a balance between the granting of IP rights, which seek to increase incentives for R&D investment, and curbing any anti-competitive effects arising from increased market power. Encouraging firms to innovate is normally seen as an underlying justification of IP …
Australian Federal Court Clarifies Statutory Termination Rights In Patent Licence Agreement, Tyrone Berger
Australian Federal Court Clarifies Statutory Termination Rights In Patent Licence Agreement, Tyrone Berger
Dr Tyrone Berger
MPEG LA, LLC v Regency Media Pty Ltd [2014] FCA 180, Federal Court of Australia, 6 March 2014. The Federal Court of Australia has ruled that no notice of termination, under s 145 of the Patents Act 1990 (Cth), can be given until all of the patents in respect of the patented inventions identified in the patent licence agreement have ceased to be in force.
Compulsory Licensing Of Patents In Australia: Reforming The Landscape Or Fencing Us In?, Tyrone Berger
Compulsory Licensing Of Patents In Australia: Reforming The Landscape Or Fencing Us In?, Tyrone Berger
Dr Tyrone Berger
The Productivity Commission (‘the Commission’) released its final report to Government into the compulsory licensing provisions of the Patents Act 1990 (Cth) (‘the Act’) on 28 March 2013. Its stated focus, however, is on the operation of compulsory licensing in Australia more broadly, therefore, it considered related parts of the Act, for example, the Crown use provisions and specific technology areas involving Standard Essential Patents (SEPs), which have not undergone the same level of scrutiny in the past. One of the motivations for the inquiry was to assess whether the compulsory licensing provisions can be invoked efficiently and effectively, given …
Trade Mark Dilution In Australia Revisited: How Far Have We Come?, Tyrone Berger
Trade Mark Dilution In Australia Revisited: How Far Have We Come?, Tyrone Berger
Dr Tyrone Berger
This article examines whether or not an anti-dilution remedy exists in s 120(3) of the Trade Marks Act 1995 (Cth) and whether such a remedy is desirable. It examines ambiguities surrounding key terms of the provision – “connection”, “well known”, and “relevant sector of the public” – in relation to the established concept of consumer “confusion”, and proposes that the current orthodoxy towards s 120(3) does not afford registered owners an appropriate level of legal protection.
Copyright In Standards: A Guide For Practitioners, Tyrone Berger
Copyright In Standards: A Guide For Practitioners, Tyrone Berger
Dr Tyrone Berger
Legal practitioners, in-house counsel and public servants can play an active role in advising their clients or contractors that industry or technical standards may be subject to copyright protection. Parties contributing to the development of a formal industry standard should ensure that they contract to retain copyright in any contributed works, even in instances where copyright cannot be asserted in the published standard by the Standard-Setting Organisation (SSO).
Tax Hangover Or Cure? Reforms For Research And Development Tax Incentives, Tyrone Berger
Tax Hangover Or Cure? Reforms For Research And Development Tax Incentives, Tyrone Berger
Dr Tyrone Berger
The new R&D tax incentive represents a significant change in the policy mindset of the Federal Government as it relates to BERD and innovation policy in Australia. Contrary to its stated position in recent policy reviews, it appears that there’s no cure in sight as the government intends to pare back its role in supporting innovation in the future.
Copyright In Standards: Open Or Shut Case, Tyrone Berger
Copyright In Standards: Open Or Shut Case, Tyrone Berger
Dr Tyrone Berger
This article investigates some key problems surrounding copyright in standards. It surveys two ex ante approaches, namely the management of the underlying intellectual property rights during a standard’s development stage, and creating an exemption that is incorporated in legislation, and that provides for a compulsory licence. I further suggest an ex post notice, or opt-in approach, for copyright owners, to resolve the uncertainty around when copyright permission should be sought by users.
Copyright, Collecting Societies And The Accc: Call For (New) Guidelines, Tyrone Berger
Copyright, Collecting Societies And The Accc: Call For (New) Guidelines, Tyrone Berger
Dr Tyrone Berger
The Australian Competition and Consumer Commission (ACCC) released draft guidelines on copyright licensing and collecting societies in November 2006 for public comment. The purpose of the guidelines was to provide general information to potential licensees and users of copyright material. After four years since the release of the draft guidelines, this author argues that it is time for a new set of guidelines to clarify and explain their purpose.