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Full-Text Articles in Law

Intellectual Property Rights Management In Small And Medium Size Social Enterprise In Australia, Francina Cantatore, Elizabeth Spencer May 2015

Intellectual Property Rights Management In Small And Medium Size Social Enterprise In Australia, Francina Cantatore, Elizabeth Spencer

Francina Cantatore

This paper identifies the role and significance of Intellectual Property (IP) management in small and medium-sized social enterprises (SMSEs) and aims to address a gap in the available literature dealing with IP use and management in social enterprise. The findings are based on the results of a qualitative study undertaken with Australian SMSEs, in the form of in-depth semi-structured interviews. The research identifies how SMSEs view and manage their IP rights, and the significance of these rights in the organisation. The findings suggest that there is a significant lack of IP rights management strategies for protection of IP assets such …


Yours, Mine, And Ours: Managing Intellectual Property In Third Sector Enterprise, Elizabeth Spencer, Francina Cantatore May 2015

Yours, Mine, And Ours: Managing Intellectual Property In Third Sector Enterprise, Elizabeth Spencer, Francina Cantatore

Francina Cantatore

Effective intellectual property (IP) management is an important aspect of good governance for any enterprise, but there is little research on IP management in the third sector. This article explores the potential differences in approach to the management of IP in the third sector from both philosophical and practical perspectives. It outlines the challenges in developing, managing and protecting IP, and the many reasons why third sector initiatives may fail to adequately protect and manage IP as effectively as their for-profit counterparts. This article concludes that third sector objectives and IP protection can be reconciled in practice only by balancing …


The Migration Of The Book Across Territorial Borders: Copyright And Cultural Implications, Francina Cantatore May 2015

The Migration Of The Book Across Territorial Borders: Copyright And Cultural Implications, Francina Cantatore

Francina Cantatore

Although the USA, Canada, UK and Australia currently retain territorial copyright laws, with commensurate restrictions on parallel importation of books, advances in technology and the advent of e-books have caused an involuntary migration of the book across these defined borders. This changing publishing sphere has impacted on authors’ copyright protection, with authors struggling to come to grips with breaches of copyright outside the protection of their own borders. Additionally, the extra-territorial publication of books are often in breach of authors’ copyright but difficult to address locally. A secondary consequence of the changing publishing environment is the loss of cultural essence …


Yours, Mine And Ours: Managing Intellectual Property In Third Sector Enterprise, Francina Cantatore Mar 2015

Yours, Mine And Ours: Managing Intellectual Property In Third Sector Enterprise, Francina Cantatore

Francina Cantatore

No abstract provided.


Yours, Mine, And Ours: The Development, Management And Protection Of Intellectual Property In Third-Sector Enterprise, Elizabeth Spencer, Francina Cantatore Feb 2015

Yours, Mine, And Ours: The Development, Management And Protection Of Intellectual Property In Third-Sector Enterprise, Elizabeth Spencer, Francina Cantatore

Francina Cantatore

Effective intellectual property (IP) management is an important aspect of good governance. There has been little research on IP management in the third sector and the challenges faced by these enterprises in developing, managing and protecting IP. This article explores the landscape of IP in third-sector enterprise. It outlines the challenges in developing and managing IP. and the reasons why IP may be under-managed. From a theoretical perspective this article will contribute to the literature available in this field and provide a foundation for further research. Debate about IP taw is polarised, but it is hoped that "a balanced approach …


Intellectual Property Rights And The Ppsa: Challenges For Interest Holders, Creditors And Practitioners, Francina Cantatore Dec 2014

Intellectual Property Rights And The Ppsa: Challenges For Interest Holders, Creditors And Practitioners, Francina Cantatore

Francina Cantatore

The Australian Personal Property Securities Act (PPSA) has made significant inroads into traditional norms of dealing with intellectual property (IP) ownership and rights since its introduction in January 2012, the transitional period of two years having ended on 31 January 2014.Registration requirements under the PPSA have significantly affected a range of commercial transactions dealing with personal property, including the interests of lessors and lessees, consignors and consignees, sellers and buyers, licensors and licensees, and lenders and borrowers. This article considers how IP is treated under the PPSA, and how owners and disseminators of IP (and the practitioners who advise them) …