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This book provides a picture of how Australian intellectual
property law has developed as a distinctly Australian body of law
during the century since the country was established. The book
takes a selection of key intellectual property law cases and tells
their stories, situating each case in its historical, cultural,
social or economic context, as well as providing factual details
about, for example, the arguments made in each case and the
evidence adduced. In part, the book offers a deeper legal analysis
of the selected cases, many of which have been central to the
framing of Australian intellectual property law. The book also
provides a fuller sense of each case as revealing and influencing
wider understandings and practices. Landmarks in Australian
Intellectual Property Law is a valuable resource for teachers,
researchers, practitioners and judges in Australia and throughout
the common law world.
This comprehensive volume examines the international framework
concerned with the protection of copyright and neighbouring rights.
The focal point of this commentary is the Berne Convention for the
Protection of Literary and Artistic Works 1886, which was last
revised in 1971, but the treatment extends beyond to the related
conventions that have grown out of, or are based on, Berne. These
include; the WIPO Copyright Treaty 1996, the Rome Convention for
the Protection of Phonogram Producers, Performers and Broadcasting
Organizations 1961, the WIPO Performances and Phonograms Treaty
1996, and the 1994 Trade-Related Intellectual Property Rights
Agreement (TRIPS Agreement) (an annexed agreement to the World
Trade Organization). This edition also extends to conventions
introduced since the publication of the previous edition, such as
the Beijing Treaty on the Protection of Audiovisual Performances
2012, and the Marrakesh Treaty to Facilitate Access for Blind and
Visually Impaired Readers 2013. The analysis in the commentary is
thematic and grounded in the history and development of each of the
treaties considered. While its primary focus is upon the way in
which the obligations contained in these public law instruments are
to be interpretated and applied in domestic law, it also addresses
in some detail the private international law aspects of the
protection of works and neighbouring rights. This new edition
considers a number of developing areas, such as continuing work
within the WIPO Standing Committee on Copyright and Related Rights
on the matter of exceptions, limitations and the development of a
new treaty on broadcasters, emerging discussions at both national
and international levels about the matter of formalities, the
beginnings of a movement in favour of broader protection of resale
royalty rights, and more.
Written by a recognised leader in the field, this work provides the
only specialised commentary on the Paris Convention and its
associated agreements. Professor Ricketson discusses the origins of
the agreement, giving an overview of early debates about patent
protection, before outlining the negotiations that led to the
initial adoption of the Convention. He outlines the subsequent
revisions of the Convention, and gives an overview of the present
scope of the Convention, including the gradual expansion to include
trade marks, designs and other industrial property titles, and its
incorporation into the WTO through the TRIPS agreement. The work
explores a number of themes, including the broader significance of
the agreement in relation to WIPO, the future significance of the
Convention in the post-TRIPS environment, and why the Paris
Convention has been less successful than its Berne counterpart. A
comprehensive overview of a key treaty, this work is essential
reading for intellectual property policy makers, legal
practitioners, and academics.
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