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Business Innovation and the Law analyses the topical issue of protecting and promoting business research and development. It does so by examining business innovation through the lens of different legal disciplines Ð intellectual property, labour and employment laws, competition and corporate laws. Evaluating the impact of each of these areas using discipline-specific and industry perspectives, the book also explores questions about whether a more harmonized approach is necessary to provide appropriate protection. Approaches of the common law and civil jurisdictions, particularly the European Union, inform and provide guidance to the analysis of emerging issues in this field. This book provi...
Although employers are required to pay compensation for employee inventions under the laws in many countries, existing legal literature has never critically examined whether such compensation actually gives employee inventors an incentive to invent as the legislature intends. This book addresses the issue through reference to recent, large-scale surveys on the motivation of employee inventors (in Europe, the United States and Japan) and studies in social psychology and econometrics, arguing that the compensation is unlikely to boost the motivation, productivity and creativity of employee inventors, and thereby encourage the creation of inventions. It also discusses the ownership of invention...
A timely examination of fundamental issues in intellectual property (IP) law, with international perspectives looking across regimes, jurisdictions, disciplines and professions.
In 1857 all of the Arts students at the University of Sydney could fit into a single photograph. Now there are more than one million university students in Australia. After World War II, Australian universities became less elite but more important, growing from six small institutions educating less than 0.2 per cent of the population to a system enrolling over a quarter of high school graduates. And yet, universities today are plagued with ingrained problems. More than 50 per cent of the cost of universities goes to just running them. They now have an explicit commercial focus. They compete bitterly for students and funding, an issue sharply underlined by the latest federal budget. Scholars rarely feel their vice-chancellors represent them and within their own ranks, academics squabble for scraps. Knowing Australia is a perceptive, clear-eyed account of Australian universities, recounting their history from the 1850s to the present. Investigating the changing nature of higher education, it asks whether this success is likely to continue in the 21st century, as the university’s hold over knowledge grows ever more tenuous.
Putting Intellectual Property in its Place examines the relationship between creativity and intellectual property law on the premise that, despite concentrated critical attention devoted to IP law from academic, policy and activist quarters, its role as a determinant of creative activity is overstated. The effects of IP rights or law are usually more unpredictable, non-linear, or illusory than is often presumed. Through a series of case studies focusing on nineteenth century journalism, "fake" art, plant hormone research between the wars, online knitting communities, creativity in small cities, and legal practice, the authors discuss the many ways people comprehend the law through informatio...
"This newly revised and updated edition by respected copyright authority Crews offers timely insights and succinct guidance for LIS students,librarians, and educators alike"--
Intellectual property law in Australia has changed dramatically in the last decade and continues to change. Developments in technology, the rise of the internet, the globalisation of trade and the increasing importance of 'superbrands' – trade marks with global appeal – have all affected the laws surrounding intellectual property. Furthermore, globalisation has resulted in greater pressure on intellectual property owners to expand their rights as they endeavour to capture the potential benefits of ownership in an increasingly affluent and integrated world economy. Australian Intellectual Property Law, 2nd edition has been fully revised to take into account these significant case and legislative developments in trademarks, copyright and patents law. This book offers students and legal professionals a detailed discussion of the black-letter aspects of the law, with a primary emphasis on legal principles and complexities.
A person can lawfully engage in an act restricted by copyright if they have the licence of the copyright owner or if their actions are covered by a statutory exception. However, if a person has the benefit of neither of these, it may still be possible to imply a copyright licence to respond to copyright infringement. In contrast to the rigidity of the statutory exceptions, implied licences are more malleable in being able to respond to a diverse set of circumstances, as the need arises. Thus, implied licences can serve as a flexible and targeted mechanism to balance competing interests, including those of the copyright owners and content users, especially in today's dynamic technological env...