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The Australia-Chile Free Trade Agreement 2008: Intellectual Property And Development. A Submission To The Joint Standing Committee On Treaties., Matthew Rimmer Jun 2008

The Australia-Chile Free Trade Agreement 2008: Intellectual Property And Development. A Submission To The Joint Standing Committee On Treaties., Matthew Rimmer

Matthew Rimmer

“The Intellectual Property chapter locks in Australia and Chile’s current standards of intellectual property protection for patents, trademarks, geographical indications and copyright, including through appropriate enforcement mechanisms”Regulatory Impact Statement 2008“The public domain is of crucial importance for researchers, academics, teachers, artists, authors and enterprises, which require a rich base of content for their new creations, as well as for those institutions, the function of which is to preserve or disseminate knowledge, such as universities, research centers, libraries, information services, archives and museums.”Submission of the Government of Chile to the World Intellectual Property Organization.“We do not want our trade representatives to …


Patent Trolls And Patent-Busters, Matthew Rimmer Apr 2008

Patent Trolls And Patent-Busters, Matthew Rimmer

Matthew Rimmer

Once upon a time, Abraham Lincoln famously said that the patent system was intended to secure "to the inventor, for a limited time, the exclusive use of his invention; and thereby added the fuel of interest to the fire of genius, in the discovery and production of new and useful things."In recent times, there have been concerns that the patent system been abused by opportunistic companies known by the phrase "patent trolls". It has been alleged that such entities have stunted innovation and spurred unnecessary patent litigation.There have been particular fears about the rise of "patent trolls" in the field …


The Black Label: Trade Mark Dilution, Culture Jamming, And The No Logo Movement, Matthew Rimmer Apr 2008

The Black Label: Trade Mark Dilution, Culture Jamming, And The No Logo Movement, Matthew Rimmer

Matthew Rimmer

This article considers the ongoing debate over the appropriation of well-known and famous trade marks by the No Logo Movement for the purposes of political and social critique. It focuses upon one sensational piece of litigation in South Africa, Laugh It Off Promotions v. South African Breweries International (Finance) B.V. t/a Sabmark International. In this case, a group called Laugh It Off Promotions subjected the trade marks of the manufacturers of Carling Beer were subjected to parody, social satire, and culture jamming. The beer slogan “Black Label” was turned into a T-Shirt entitled “Black Labour/ White Guilt”. In the ensuing …


Get Rid Of The Patent Absurdities, Matthew Rimmer Apr 2008

Get Rid Of The Patent Absurdities, Matthew Rimmer

Matthew Rimmer

AUSTRALIA'S patent laws need to be updated for the 21st century to accommodate a range of frontier technologies in the life sciences.Recently J. Craig Venter and his institute filed a patent application in respect of a minimal bacterial genome that they have dubbed Mycoplasma laboratorium.The contentious scientist declared: "My company, Synthetic Genomics Inc, is already trying to develop cassettes - modules of genes - to turn an organism into a bio-factory that could make clean hydrogen fuel from sunlight and water or soak up more carbon dioxide." The ETC Group, a bunch of Canadians opposed to synthetic biology, has dubbed …


The Case For The Plain Packaging Of Tobacco Products, Becky Freeman, Simon Chapman, Matthew Rimmer Apr 2008

The Case For The Plain Packaging Of Tobacco Products, Becky Freeman, Simon Chapman, Matthew Rimmer

Matthew Rimmer

The global Framework Convention on Tobacco Control (FCTC) requires nations to ban all tobacco advertising and promotion. In the face of these restrictions, tobacco packaging has become the key promotional vehicle for the tobacco industry to interest smokers and potential smokers in tobacco products. This paper reviews available research into the likely impact of mandatory plain packaging and internal tobacco industry statements about the importance of packs as promotional vehicles. It critiques legal objections raised by the industry about plain packaging violating laws and international trade agreements, showing these to be without foundation. Plain packaging of all tobacco products would …


Intellectual Property Laws Amendment Bill 2008 (South Africa) And The Protection Of Traditional Knowledge: A Submission To The Department Of Trade And Industry, The Republic Of South Africa, Matthew Rimmer Jan 2008

Intellectual Property Laws Amendment Bill 2008 (South Africa) And The Protection Of Traditional Knowledge: A Submission To The Department Of Trade And Industry, The Republic Of South Africa, Matthew Rimmer

Matthew Rimmer

I note, with interest, that the policy document, The Protection of Indigenous Knowledge through the Intellectual Property System, has paid particular heed to the experience of Australasia in dealing with traditional knowledge: “Lessons can be learned from New Zealand and Australia, which are both good examples of countries whose courts use the common law to protect traditional knowledge.”I would comment that the Australian experience has been a mixed one. It is true that von Doussa J of the Federal Court of Australia has shown judicial innovation in a number of cases – most notably, the “Carpets” case, and the “Bulun …