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The Race To Patent The Sars Virus: The Trips Agreement And Access To Essential Medicines, Matthew Rimmer Oct 2004

The Race To Patent The Sars Virus: The Trips Agreement And Access To Essential Medicines, Matthew Rimmer

Matthew Rimmer

This article considers the race to sequence the Severe Acute Respiratory Syndrome virus ('the SARS virus') in light of the debate over patent law and access to essential medicines. Part II evaluates the claims of public research institutions in Canada, the United States, and Hong Kong, and commercial companies, to patent rights in respect of the SARS virus. It highlights the dilemma of 'defensive patenting' - the tension between securing private patent rights and facilitating public disclosure of information and research. Part III considers the race to patent the SARS virus in light of wider policy debates over gene patents. …


Canadian Rhapsody: Copyright Law And Research Libraries, Matthew Rimmer Aug 2004

Canadian Rhapsody: Copyright Law And Research Libraries, Matthew Rimmer

Matthew Rimmer

This article considers the ground-breaking Supreme Court of Canada decision in CCH Canadian Limited v. The Law Society of Upper Canada. The matter involved legal publishers bringing an action for copyright infringement against the Law Society of Upper Canada for operating a photocopy and custom copy service at the Great Library of Osgoode Hall. The Supreme Court of Canada decision laid down important precedents in relation to originality, authorisation, and the defence of fair dealing. The ruling has been hailed as 'one of the strongest pro-user rights decisions from any high court in the world, showing what it means to …


Australian Icons: Authenticity Marks And Identity Politics, Matthew Rimmer Aug 2004

Australian Icons: Authenticity Marks And Identity Politics, Matthew Rimmer

Matthew Rimmer

This article evaluates the adoption and implementation of an Indigenous certification trademark system in Australia. Section II considers the use of copyright law, moral rights provisions and consumer protection laws to protect Indigenous cultural property in Australia. It suggests that there needs to be additional protection under trademark law - especially to deal with problems concerning communal ownership, material form and duration of protection. Section III evaluates the efficacy of the scheme for marks of authenticity established by the National Indigenous Arts Advocacy Association in November 1999. It contends that there were practical problems with the implementation of the scheme …


The Australia-United States Free Trade Agreement 2004 And The Copyright Term Extension. A Submission To The Senate Select Committee., Matthew Rimmer Mar 2004

The Australia-United States Free Trade Agreement 2004 And The Copyright Term Extension. A Submission To The Senate Select Committee., Matthew Rimmer

Matthew Rimmer

"There is a whole constituency out there with a strong view against copyright term extension and we are arguing that case." Mark Vaile, Minister for Trade (December 2003)
"Extending our copyright term by 20 years doesn’t really protect our authors, yet it still taxes our readers." Professor Andrew Christie, Director, Intellectual Property Research Institute of Australia, the University of Melbourne
"Perpetual Copyright On An Instalment Plan" Professor Peter Jaszi, Washington University
"A Piracy Of The Public Domain" Professor Lawrence Lessig, Stanford University
"A Gift To Intellectual Property Producers" Henry Ergas
"Intellectual Purgatory" Justice Stephen Breyer, Supreme Court of the United …


Gossip We Can Trust: Defamation Law And Non-Fiction, Matthew Rimmer Feb 2004

Gossip We Can Trust: Defamation Law And Non-Fiction, Matthew Rimmer

Matthew Rimmer

Drawing on two case studies, this article considers the allegation of a disgruntled author: 'Defamation was framed to protect the reputations of 19th century gentlemen hypocrites'. The first case study considers the litigation over Bob Ellis' unreliable political memoir, 'Goodbye Jerusalem', published by Random House. The second case study focuses upon the litigation over the allegation by Media Watch that Richard Carleton had plagarised a documentary entitled 'Cry from the Grave'. The article considers the meaning of defamatory imputations, the range of defences, and the available remedies. It highlights the competing arguments over the protection of reputation and privacy, artistic …


Patents And Experimental Use: A Submission To The Advisory Council On Intellectual Property., Matthew Rimmer, Krishna Rajendra Jan 2004

Patents And Experimental Use: A Submission To The Advisory Council On Intellectual Property., Matthew Rimmer, Krishna Rajendra

Matthew Rimmer

As part of its policy activities, ACIPA hosted a symposium, "Freedom To Tinker: Patent Law and Scientific Research", on the 19th March 2004. This symposium considered whether Australian patent law should have a defence for research use, and, if so, what its scope should be. It explored the impact of such an exemption upon a number of important industries - such as agriculture, biotechnology, health care, and information technology. It also examined the repercussions of such a defence for universities, research organisations, and educational institutions.Strikingly, there has a great deal of consensus amongst the government speakers at the symposium. Mr …


'Moral Rights And Their Application To Australia: A Book Review' (2004) 32 (2) The Federal Law Review 331-336, Matthew Rimmer Jan 2004

'Moral Rights And Their Application To Australia: A Book Review' (2004) 32 (2) The Federal Law Review 331-336, Matthew Rimmer

Matthew Rimmer

In Moral Rights and Their Application in Australia, Maree Sainsbury offers a summary of the new moral rights regime established in Australia in 2000. It is a decent guide and handbook to moral rights for legal practitioners, the authors of copyright work, and the users of copyright material. As the author notes:

"The Australian moral rights legislation impacts on the rights and obligations of many people in diverse circumstances, from the creator of a highly unique work of art to the designer of a web site incorporating factual information or graphics which someone else has created. Any person creating or …