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Matthew Rimmer

Constitutional law

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Full-Text Articles in Law

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 …

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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 …

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Freedom Of Expression (R): Overzealous Copyright Bozos And Other Enemies Of Creativity (Book Review), Matthew Rimmer Dec 2005

Freedom Of Expression (R): Overzealous Copyright Bozos And Other Enemies Of Creativity (Book Review), Matthew Rimmer

Matthew Rimmer

Of late, there has been a spate of popular and academic books decrying that copyright law has a detrimental impact upon freedom of expression. Most notably, in Free Culture, Lawrence Lessig has tilted at the comforting, consoling fiction of the Supreme Court of the United States in Harper & Row that ‘copyright is an engine of free expression’. He complains:

"Now that technology enables us to rebuild the library of Alexandria, the law gets in the way. And it doesn’t get in the way for any useful copyright purpose, for the purpose of copyright is to enable the commercial market …

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Franklin Barley: Patent Law And Plant Breeders' Rights, Matthew Rimmer Nov 2003

Franklin Barley: Patent Law And Plant Breeders' Rights, Matthew Rimmer

Matthew Rimmer

This paper considers the relationship between patent law and plant breeders' rights in light of modern developments in biotechnology. It examines how a number of superior courts have sought to manage the tensions and conflicts between these competing schemes of intellectual property protection. Part 1 considers the High Court of Australia case of Grain Pool of Western Australia v the Commonwealth dealing with Franklin barley. Part 2 examines the significance of the Supreme Court of the United States decision in JEM Ag Supply Inc v Pioneer Hi-Bred International Inc with respect to utility patents and hybrid seed. Part 3 considers …

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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 …

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Rip, Mix, Burn: The Politics Of Peer To Peer And Copyright Law, Kathy Bowrey, Matthew Rimmer Jul 2002

Rip, Mix, Burn: The Politics Of Peer To Peer And Copyright Law, Kathy Bowrey, Matthew Rimmer

Matthew Rimmer

Whereas Lessig's recent work engages with questions of culture and creativity in society, this paper looks at the role of culture and creativity in the law. The paper evaluates the Napster, DeCSS, Felten and Sklyarov litigation in terms of the new social, legal, economic and cultural relations being produced. This involves a deep discussion of law's economic relations, and the implications of this for litigation strategy. The paper concludes with a critique of recent attempts to define copyright law in terms of first amendment rights and communicative freedom.

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