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A Submission To The Senate Legal And Constitutional Committee On The Trade Marks Amendment (Tobacco Plain Packaging) Bill 2011 (Cth), Matthew Rimmer Sep 2011

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 …


A Submission To The Inquiry Into The Resale Royalty Right For Visual Artists Bill 2008 (Cth), Robert Dearn, Matthew Rimmer Feb 2009

A Submission To The Inquiry Into The Resale Royalty Right For Visual Artists Bill 2008 (Cth), Robert Dearn, Matthew Rimmer

Matthew Rimmer

We whole-heartedly support the introduction of a right of resale for visual artists in Australia. Such a measure is long overdue – especially given that the doctrine was first theorized in 1893; and first implemented in France in 1920. We firmly believe that the Australian Parliament can fashion a right of resale, which can promote the principles of social justice, and ensure that there is a fair and equitable relationship between artists and the art market in Australia.We would congratulate the Federal Government for its vision and determination in establishing a resale royalty right for visual artists in Australia. We …


The Dead Poets Society: The Copyright Term And The Public Domain, Matthew Rimmer Jun 2003

The Dead Poets Society: The Copyright Term And The Public Domain, Matthew Rimmer

Matthew Rimmer

In a victory for corporate control of cultural heritage, the Supreme Court of the United States has rejected a constitutional challenge to the Sonny Bono Copyright Term Extension Act 1998 (U.S.) by a majority of seven to two. This paper evaluates the litigation in terms of policy debate in a number of discourses - history, intellectual property law, constitutional law and freedom of speech, cultural heritage, economics and competition policy, and international trade. It argues that the extension of the copyright term will inhibit the dissemination of cultural works through the use of new technologies - such as Eric Eldred's …