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Full-Text Articles in Intellectual Property Law
Climate Change And Human Rights: Intellectual Property Challenges And Opportunities, Alexandra Phelan
Climate Change And Human Rights: Intellectual Property Challenges And Opportunities, Alexandra Phelan
Matthew Rimmer
Mitigating and adapting to the effects of climate change will require innovation and the development of new technologies. Intellectual property laws have a key part to play in the global transfer of climate technologies. However, failures to properly utilize flexibilities in intellectual property regimes or comply with technology transfer obligations under international climate change agreements calls for a human rights based analysis of climate technology transfer. Climate change is an unprecedented challenge and requires unprecedented strategies. Given the substantial impact of climate change on all of humanity and the ethical imperative to act, a complete rethink of traditional intellectual property …
Owning The New Economy: A Guide To Intellectual Property Management For Australia's Clean Technology Sector, Kane Wishart
Owning The New Economy: A Guide To Intellectual Property Management For Australia's Clean Technology Sector, Kane Wishart
Matthew Rimmer
Australia's history of developing and managing the intellectual property rights of domestic innovations is – at best – mixed. The relevant immaturity of Australia's public sector commercialisation infrastructure has, over recent decades, been the subject of both stinging academic commentary and not insubstantial juridical disbelief. That said, improvements have been observed, and increasingly, private sector involvement in public sector innovation has allowed for a deepening refinement of domestic approaches to IP retention and ongoing management. Rather than a bare critique of Australia's IP management track-record, or a call for specific law reform, this manual engages at a more practical level …
Intellectual Property And Biofuels: The Energy Crisis, Food Security, And Climate Change, Matthew Rimmer, Griffith Hack
Intellectual Property And Biofuels: The Energy Crisis, Food Security, And Climate Change, Matthew Rimmer, Griffith Hack
Matthew Rimmer
In light of larger public policy debates over intellectual property and climate change, this article considers patent practice, law, and policy in respect of biofuels. This debate has significant implications for public policy discussions in respect of energy independence, food security, and climate change. The first section of the paper provides a network analysis of patents in respect of biofuels across the three generations. It provides empirical research in respect of patent subject matter, ownership, and strategy in respect of biofuels. The second section provides a case study of significant patent litigation over biofuels. There is an examination of the …
Key Change: The Role Of The Creative Industries In Climate Change Action, Tim Hollo
Key Change: The Role Of The Creative Industries In Climate Change Action, Tim Hollo
Matthew Rimmer
The role of the creative industries – arts and artists – in helping to drive the changes in laws and behaviours that are necessary to tackle climate change, while not superficially obvious, is a deep one. Arts and artists of all kinds, as cultural practitioners, have been closely entwined with social change and social control since time immemorial, in large part because they help shape our understanding of the world, framing ideas, prefiguring change, and opening hearts and minds to new ways of thinking. They have played a major role in campaigns for law reform on many issues, and climate …
Sorting Out The Green From The Greenwash, Matthew Rimmer
Sorting Out The Green From The Greenwash, Matthew Rimmer
Matthew Rimmer
Greenwashing is corporate spin which involves making misleading or deceptive claims that a company’s products or services are environmentally sustainable or friendly.The problem of greenwashing requires a robust, integrated approach to law reform to discourage the practice that makes it harder for legitimate voices to be heard.The consultancy group, TerraChoice, had identified seven sins of greenwashing – including claims involving hidden trade-offs; lack of proof; vagueness; false labelling; irrelevant claims; false comparisons; and false statements. Such conduct is putting consumers at a disadvantage and giving some businesses an unfair advantage in a market increasingly concerned about the environment and climate …
A Proposal For A Clean Technology Directive: European Patent Law And Climate Change, Matthew Rimmer
A Proposal For A Clean Technology Directive: European Patent Law And Climate Change, Matthew Rimmer
Matthew Rimmer
This article charts the conflicted, dissonant policies of the European Union towards intellectual property and climate change. It contends that there is a mismatch between the empirical work of the European Patent Office and the quietist policy options contemplated by the European Union. This article contends that the European Union needs to develop a Clean Technology Directive to allow for a differentiated approach to patent law and clean technologies – especially given the past complicity of the European Union in global warming and climate change. It highlights essential elements in a comprehensive policy package for the reform of patent law …
The Copenhagen Accord And Climate Innovation Centres, Matthew Rimmer
The Copenhagen Accord And Climate Innovation Centres, Matthew Rimmer
Matthew Rimmer
After much hue and cry, the Copenhagen negotiations over intellectual property and climate change ended in a stalemate and an impasse. There was a gulf between the views of intellectual property maximalists who demanded strong protection of intellectual property rights in respect of clean technologies; and nation states and civil society groups calling for special measures to facilitate technology transfer. As a result, the Copenhagen Accord did contain any text on intellectual property and climate change. Nonetheless, the Copenhagen Accord does, though, contain an important compromise. The text provides for a technology mechanism, which envisages a network of Climate Innovation …
Ip Policy Void In The 'Grand Climate Bargain', Matthew Rimmer
Ip Policy Void In The 'Grand Climate Bargain', Matthew Rimmer
Matthew Rimmer
In September, Prime Minister Kevin Rudd emphasized the need for national and global action on climate change and called for “a grand bargain” between “the developed world and the developing world in order to reach an outcome for the planet earth as a whole”.No doubt, action on climate change will need new technology, which most likely will be predominately developed in a few, innovative countries. It is also clear, however, that if this ‘grand bargain’ is to be more than a wistful hope we need appropriate intellectual property rights in place for these new technological developments.The chairs of the Ad …
The Road To Copenhagen: Intellectual Property And Climate Change, Matthew Rimmer
The Road To Copenhagen: Intellectual Property And Climate Change, Matthew Rimmer
Matthew Rimmer
The draft negotiating text on long-term co-operative action under the United Nations Framework Convention on Climate Change FCCC/AWGLCA/2009/8; the Foreign Relations Authorization Act, Fiscal Years 2010 and 2011 HR 2410 (United States); the American Clean Energy and Security Act of 2009 HR 2454 (United States); the Foreign Operations, and Related Programs Appropriations Act 2010 HR. 3081 (United States); and the TRIPS Agreement 1994.In the lead-up to the discussions over IP and climate change in Copenhagen in 2009, the US House of Representatives passed a resolution that it should be the policy of US government officials in discussions over the long-term …
A Submission On The Hawke Interim Report On The Environment Protection And Biodiversity Conservation Act 1999 (Cth), Sarah Holcombe, Matthew Rimmer, Terri Janke
A Submission On The Hawke Interim Report On The Environment Protection And Biodiversity Conservation Act 1999 (Cth), Sarah Holcombe, Matthew Rimmer, Terri Janke
Matthew Rimmer
There are currently no regulatory mechanisms, laws or policies that specifically provide rights to Indigenous peoples over their Indigenous knowledge and intellectual property. We strongly recommend that the commonwealth take the lead to ensure that national sui generis laws are developed (perhaps to operate initially in areas of Cth jurisdiction, such as IPAs and national parks). The development of such laws should be in tandem with practical guidelines to assist their implementation. A comprehensive, nationally consistent scheme for access to genetic resources, which offers meaningful protection of traditional knowledge and substantive benefit-sharing with Indigenous communities, has to be developed. There …