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Full-Text Articles in Law

Academic Freedom And The Courts, Justine Pila Jan 2010

Academic Freedom And The Courts, Justine Pila

Justine Pila

Recent events in the United Kingdom have focused attention on the protection at law of institutional and individual academic freedom. While such freedoms sit in tension, they share a basis in the liberal ideal of the pursuit of truth through teaching, discussion and research. It is a truism that this ideal is currently under threat, and with it academic freedom itself. The source of the threat is complex and varied, but includes changes in the economy, scientific research, and British higher education policy. One result of these changes has been what W R Cornish described in 1991 as “a rising ...


An Australian Copyright Revolution And Its Relevance For Uk Jurisprudence: Icetv In The Light Of Infopaq V Danske, Justine Pila Jan 2010

An Australian Copyright Revolution And Its Relevance For Uk Jurisprudence: Icetv In The Light Of Infopaq V Danske, Justine Pila

Justine Pila

The purpose of this paper is to consider the High Court of Australia’s decision in IceTV v Nine Network (2009) and its relevance for UK copyright jurisprudence, taking account of the ECJ's decision in Infopaq v Danske (2009). The starting point for that consideration is the principle expressed by the Court of Appeal in Higgs v R (2008), that UK courts may rely on the reasoning of Australian and other foreign decisions when the logic of those decisions makes them applicable. On its face, IceTV seems an important decision, and a likely source of future reasoning for UK ...


Patents For Genes And Methods Of Analysis And Comparison, Justine Pila Jan 2010

Patents For Genes And Methods Of Analysis And Comparison, Justine Pila

Justine Pila

In March 2010, a United States (U.S.) District Court held that isolated human genes are “products of nature”, and methods of analysis and comparison “abstract mental processes”, for which a US patent cannot validly be granted. Its decision undermined U.S. patent granting practices, and widens the gap between U.S. and European law on what constitutes inherently patentable subject matter (“inventions”) and a proportionate patent grant. In this note I consider the case – AMP v USPTO – and its implications for European patent law.


Who Owns The Intellectual Property Rights In Academic Work?, Justine Pila Jan 2010

Who Owns The Intellectual Property Rights In Academic Work?, Justine Pila

Justine Pila

In this Opinion piece the ownership of intellectual property rights in university teaching and research is considered against the backdrop of British university intellectual property policies and recent cases. Starting from the position of Lord Evershed that it is "just and commonsense" that academics own the copyright in their lectures, and by extension the copyright in their research, I consider the policy arguments for university claims of ownership in respect of such copyright and academic employees' inventions.


Copyright And Its Categories Of Original Works, Justine Pila Jan 2010

Copyright And Its Categories Of Original Works, Justine Pila

Justine Pila

In this paper the categories of original (literary, dramatic, musical and artistic (LDMA)) works in which copyright subsists are considered, and an argument made that the Legislature's division of protected works into categories is appropriate given the psychology of art appreciation, and the fact that in order to perceive a work qua work one must perceive it in relation to a category of work. Nonetheless, an argument is also made that the statutory definitions of LDMA works suffer from the defects of formalist theory. Those defects are outlined, and an alternative theory of works proposed, drawing on the work ...


The Requirement For An Invention In Patent Law, Justine Pila Dec 2009

The Requirement For An Invention In Patent Law, Justine Pila

Justine Pila

This book offers an analysis of legal conceptions of the invention in UK patent law and their development from before the first English patent legislation of 1623 through the patent system’s recent phase of Europeanization. Its publication comes at a time of widespread uncertainty regarding the invention, which is the basic subject matter of patent protection in all jurisdictions, and the meaning of which is currently under review by the US Supreme Court, the Enlarged Board of Appeal of the European Patent Office, and the Australian Government. The central thesis of the book is that properly construed, the requirement ...