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Western University

Law Publications

Intellectual property

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Full-Text Articles in Law

Leveraging Knowledge Assets: Can Law Reform Help?, Margaret Ann Wilkinson, Mark Perry Mar 2005

Leveraging Knowledge Assets: Can Law Reform Help?, Margaret Ann Wilkinson, Mark Perry

Law Publications

No abstract provided.


National Treatment, National Interest And The Public Domain, Margaret Ann Wilkinson Jan 2004

National Treatment, National Interest And The Public Domain, Margaret Ann Wilkinson

Law Publications

The concept of the "public domain" is a powerful rhetorical element in he policy debates involving intellectual property. But is it a stable and useful concept for analyzing information issues? Can the notion of the public domain and the concept of the information commons be separated? Is the notion of the public domain merely another way of expressing the public interest?

This paper canvassed the literature, seeking a theoretically consistent definition for public domain that was equally applicable across the copyright, trademark and patent spheres. The analysis demonstrated that there is no such construct.

The paper also reviews the findings …


Acts Of Parliament: Privatisation, Promulgation And Crown Copyright – Is There A Need For A Royal Royalty?, Mark Perry Jan 1998

Acts Of Parliament: Privatisation, Promulgation And Crown Copyright – Is There A Need For A Royal Royalty?, Mark Perry

Law Publications

The road of privatisation of government assets is littered with the debris of mishaps and oversights. One clear illustration is the history and effect of the sale of the Government Printing Office (GPO) in 1990. Within the sale process there was a failure to ensure adequate consideration of the policy implications from an important perspective, namely the effect of privatising the means of promulgation of the normative materials of the State. Furthermore, there was no enquiry into the dubious assumptions made as to Crown Copyright in legislation.

Intellectual property rights in primary legal materials create a dilemma for policy makers. …