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Full-Text Articles in Law

Intellectual Property Rights Management In Small And Medium Size Social Enterprise In Australia, Francina Cantatore, Elizabeth Spencer May 2015

Intellectual Property Rights Management In Small And Medium Size Social Enterprise In Australia, Francina Cantatore, Elizabeth Spencer

Francina Cantatore

This paper identifies the role and significance of Intellectual Property (IP) management in small and medium-sized social enterprises (SMSEs) and aims to address a gap in the available literature dealing with IP use and management in social enterprise. The findings are based on the results of a qualitative study undertaken with Australian SMSEs, in the form of in-depth semi-structured interviews. The research identifies how SMSEs view and manage their IP rights, and the significance of these rights in the organisation. The findings suggest that there is a significant lack of IP rights management strategies for protection of IP assets such …


Yours, Mine, And Ours: Managing Intellectual Property In Third Sector Enterprise, Elizabeth Spencer, Francina Cantatore May 2015

Yours, Mine, And Ours: Managing Intellectual Property In Third Sector Enterprise, Elizabeth Spencer, Francina Cantatore

Francina Cantatore

Effective intellectual property (IP) management is an important aspect of good governance for any enterprise, but there is little research on IP management in the third sector. This article explores the potential differences in approach to the management of IP in the third sector from both philosophical and practical perspectives. It outlines the challenges in developing, managing and protecting IP, and the many reasons why third sector initiatives may fail to adequately protect and manage IP as effectively as their for-profit counterparts. This article concludes that third sector objectives and IP protection can be reconciled in practice only by balancing …


Romancing The Ppsa: Challenges For Instructors In Teaching And Reconciling New Concepts With Traditional Norms, Francina Cantatore, Ian Stevens May 2015

Romancing The Ppsa: Challenges For Instructors In Teaching And Reconciling New Concepts With Traditional Norms, Francina Cantatore, Ian Stevens

Francina Cantatore

Over the past two years the teaching of Personal Property Law has undergone a major transformation. At this point in time, after the end of the transitional 2 year period of the Personal Property Securities Act (PPSA) it is clear that the traditional common law principles now need to be examined in the context of a statute based approach. The PPSA has made significant inroads into the way personal property is dealt with in commercial transactions. Not only has the PPSA impacted on various types of security agreements such as mortgages, charges, and pledges, but it also reaches into areas …


Responsible Lending Compliance: A “Common Sense” Approach, Francina Cantatore May 2015

Responsible Lending Compliance: A “Common Sense” Approach, Francina Cantatore

Francina Cantatore

In the wake of the July 2013 Enhancements to the National Consumer Credit Protection Act it has been necessary for credit providers to review and update their responsible lending processes. A year later, it is timely to assess whether enough has been done, and to consider if lenders are compliant. Inevitably, some grey areas exist under the new law which lenders need to deal with, and this paper will address some of those issues. Responsible lending is not a new phenomenon. It has been in place for consumer credit loans for some time; however, the recent enhancements required a revision …


The Migration Of The Book Across Territorial Borders: Copyright And Cultural Implications, Francina Cantatore May 2015

The Migration Of The Book Across Territorial Borders: Copyright And Cultural Implications, Francina Cantatore

Francina Cantatore

Although the USA, Canada, UK and Australia currently retain territorial copyright laws, with commensurate restrictions on parallel importation of books, advances in technology and the advent of e-books have caused an involuntary migration of the book across these defined borders. This changing publishing sphere has impacted on authors’ copyright protection, with authors struggling to come to grips with breaches of copyright outside the protection of their own borders. Additionally, the extra-territorial publication of books are often in breach of authors’ copyright but difficult to address locally. A secondary consequence of the changing publishing environment is the loss of cultural essence …


Yours, Mine And Ours: Managing Intellectual Property In Third Sector Enterprise, Francina Cantatore Mar 2015

Yours, Mine And Ours: Managing Intellectual Property In Third Sector Enterprise, Francina Cantatore

Francina Cantatore

No abstract provided.


Enhancing Fisheries Rights Through Legislation - Australia's Experience, Ben Tsamenyi, A Mcilgorm Mar 2013

Enhancing Fisheries Rights Through Legislation - Australia's Experience, Ben Tsamenyi, A Mcilgorm

Professor Ben M Tsamenyi

No abstract provided.


Maritime Cooperation In The South Pacific: Trends And Opportunities, Ben Tsamenyi Mar 2013

Maritime Cooperation In The South Pacific: Trends And Opportunities, Ben Tsamenyi

Professor Ben M Tsamenyi

No abstract provided.


International Legal And Policy Frameworks For Integrated Coastal And Oceans Management: An Initial Analysis, Ben Tsamenyi, Georgia Nogueira De Souza Patu Mar 2013

International Legal And Policy Frameworks For Integrated Coastal And Oceans Management: An Initial Analysis, Ben Tsamenyi, Georgia Nogueira De Souza Patu

Professor Ben M Tsamenyi

No abstract provided.


Fisheries, Sali Bache, G. Rose, Ben Tsamenyi, Marcus Haward Mar 2013

Fisheries, Sali Bache, G. Rose, Ben Tsamenyi, Marcus Haward

Professor Ben M Tsamenyi

No abstract provided.


Proceedings Of The Bilateral Workshop To Combat Iuu Fishing In The Sulawesi Sea, Ben Tsamenyi Mar 2013

Proceedings Of The Bilateral Workshop To Combat Iuu Fishing In The Sulawesi Sea, Ben Tsamenyi

Professor Ben M Tsamenyi

No abstract provided.


Rights-Based Fisheries Development In Australia: Has It Stalled, Ben Tsamenyi, A Mcilgorm Mar 2013

Rights-Based Fisheries Development In Australia: Has It Stalled, Ben Tsamenyi, A Mcilgorm

Professor Ben M Tsamenyi

No abstract provided.


On Diplomatic Assurances, Memoranda Of Understanding, And Refugee Rights, Mariagiulia Giuffré Dec 2012

On Diplomatic Assurances, Memoranda Of Understanding, And Refugee Rights, Mariagiulia Giuffré

Mariagiulia Giuffré

No abstract provided.


Responding To Hate In A Multicultural Society: Forms Of Legal Intervention, Luke Mcnamara Nov 2012

Responding To Hate In A Multicultural Society: Forms Of Legal Intervention, Luke Mcnamara

Luke McNamara

No abstract provided.


Bilateral Readmission Agreements And Refugee Rights: From A Critique To A Proposal, Mariagiulia Giuffré Sep 2012

Bilateral Readmission Agreements And Refugee Rights: From A Critique To A Proposal, Mariagiulia Giuffré

Mariagiulia Giuffré

Against the backdrop of the bilateral cooperation on migration control between EU Member States and third countries, this paper examines whether the implementation of readmission agreements (key tools in this context) hampers access to international protection for asylum seekers subjected to a return procedure. Given that competence in the ‘Area of Freedom, Security, and Justice’ remains shared, the EU and Member States continue to pursue their readmission procedures in parallel. This paper focuses on the bilateral arrangements of individual Member States with third countries, which constitute the bulk of the instruments in this field. It concludes that no issue of …