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Journal articles on the topic 'Intellectual property Australia'
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1
Mitra-Kahn, Benjamin, Matthew Johnson, Bradley Man, and Luke Meehan. "Intellectual Property Government Open Data: Australian Business Number Links to All Intellectual Property Data in Australia." Australian Economic Review 49, no. 1 (March 2016): 96–104. http://dx.doi.org/10.1111/1467-8462.12147.
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Coulepis, Anthony. "Biotechnology Industry in Australia: Growing Fast." Asia-Pacific Biotech News 09, no. 16 (August 30, 2005): 769–86. http://dx.doi.org/10.1142/s0219030305000030.
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The article discusses about the fast fact on Australia's biotechnology industry and its key industry sectors. It also contains the major stakeholders of the big players in biotechnology sector. Also, it touches on the regulatory bodies and the intellectual property laws in Australia.
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Richardson, Megan. "Sui Generis Intellectual Property Law Reform: Issues for Australia." Victoria University of Wellington Law Review 32, no. 1 (March 5, 2001): 19. http://dx.doi.org/10.26686/vuwlr.v32i1.5904.
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This article begins by describing the current range of intellectual property rights in Australia (statutory and common law/equity), then canvasses recent reforms that seek to address some of the problems raised by new innovation practices. A particular focus of the article is the piecemeal nature of the law reform process which continues to treat the law in this area in a highly compartmentalised fashion. Some tentative proposals for improvement are made at the end.
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Maskus, Keith. "Strengthening Intellectual Property Rights in Asia: Implications for Australia." Australian Economic Papers 37, no. 3 (September 1998): 346–61. http://dx.doi.org/10.1111/1467-8454.00025.
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Faber-Castell, Natalie, and Richard Fletcher. "Case Study: Faber-Castell Australia defends its intellectual property." Australasian Marketing Journal (AMJ) 17, no. 3 (September 2009): 182–87. http://dx.doi.org/10.1016/j.ausmj.2009.06.009.
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Blakeney, Michael. "Intellectual property, biological diversity, and agricultural research in Australia." Australian Journal of Agricultural Research 53, no. 2 (2002): 127. http://dx.doi.org/10.1071/ar00153.
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This paper examines the impact of national and international intellectual property and biodiversity laws upon the conduct of agricultural research in Australia, by both public and private agricultural research institutes. The paper concludes that implications of these legal developments, for both plant breeding and plant patenting, counsels the establishment of a coordination officer responsible for the legal obligations of agricultural research institutes.
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Malbon, Justin. "The Australia-United States Free Trade Agreement: Trade Trumps Indigenous Interests." Media International Australia 111, no. 1 (May 2004): 34–45. http://dx.doi.org/10.1177/1329878x0411100106.
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This article argues that the Australia–United States Free Trade Agreement (AUSFTA) selectively recognises and affirms international conventions and agreements that promote the narrow economic self-interests of powerful groups. It does this whilst disregarding those international instruments — including the Convention on Biological Diversity and the UNESCO Universal Declaration on Cultural Diversity — that seek to recognise and promote the cultural and intellectual property rights of Indigenous people. Although AUSFTA does make some concessions for Indigenous interests by providing negative exemptions from the chapters dealing with trade in services, government procurement and investment, these concessions are relatively weak in the face of the Agreement's pursuit of free trade. Using the model of Chapter 19, which imposes positive obligations on the United States and Australia to promote environmental interests, it is proposed that future Australian FTAs should enunciate positive obligations for Australia's Indigenous people.
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Anderson, Jane. "The Making of Indigenous Knowledge in Intellectual Property Law in Australia." International Journal of Cultural Property 12, no. 3 (August 2005): 347–73. http://dx.doi.org/10.1017/s0940739105050174.
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The challenge of how to stop the unauthorized use of Indigenous knowledge has been firmly constituted as a problem to be solved by and managed through the legal domain. In this paper, my questions are directed to the way Indigenous knowledge has been made into a category of intellectual property law and consequently how law has sought to define and manage the boundaries of Indigenous knowledge.
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LAWSON, CHARLES, and CATHERINE PICKERING. "‘TRIPs‐plus’ patent privileges—an intellectual property ‘Cargo cult’ in Australia." Prometheus 22, no. 4 (December 2004): 355–77. http://dx.doi.org/10.1080/08109020412331311632.
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Devarapalli, Pratap, and Seema Soni. "Design rights for Start-ups: Drawing a line of protection." International Journal of Innovation 7, no. 2 (April 4, 2019): 312–20. http://dx.doi.org/10.5585/iji.v7i2.332.
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Designs are considered as one of the imperative aspects of a business. Design rights as a branch of Intellectual property rights plays a crucial role in protecting unique designs from infringement. In this regard, design rights have become increasingly important for designers and businesses all over the globe. Primarily, this article provides an overview of design law and registration process in Australia with an emphasis on Start-ups and SMEs. Secondly, this article provides insights on design registration trends of Start-ups and SMEs in Australia. Thirdly, the study provides the importance of designs as an intellectual property for Start-ups and SMEs. Further, the study sheds some light on how registered designs can be used as collaterals.
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Hayward, Matt W., William J. Ripple, Graham I. H. Kerley, Marietjie Landman, Roan D. Plotz, and Stephen T. Garnett. "Neocolonial Conservation: Is Moving Rhinos to Australia Conservation or Intellectual Property Loss." Conservation Letters 11, no. 1 (March 3, 2017): e12354. http://dx.doi.org/10.1111/conl.12354.
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Endeshaw, Assafa, and Pauline Sadler. "A critical evaluation of government-sponsored reviews of intellectual property in Australia." Information & Communications Technology Law 21, no. 1 (March 2012): 1–18. http://dx.doi.org/10.1080/13600834.2012.641433.
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Tully, Stephen R. "Free Trade Agreements With The United States: 8 Lessons For Prospective Parties From Australia’s Experience." British Journal of American Legal Studies 5, no. 2 (December 1, 2016): 395–418. http://dx.doi.org/10.1515/bjals-2016-0014.
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Abstract This article identifies 8 key lessons for those States contemplating a free trade agreement with the United States (U.S.) arising from Australia’s experience. The standards of intellectual property protection under the Australia-U.S. Free Trade Agreement and their impact on pharmaceutical prices in Australia are a particular focus. Prospective parties must first conduct a national interest self-assessment which reviews the desired strength of intellectual property protection under national law and their preference for using flexibilities available to them under the existing international intellectual property rights framework. The United States negotiates free trade agreements in light of previous ones, negotiating outcomes obtained in other fora and the decisions of international trade tribunals. Negotiations typically occur behind closed doors, which is a process having adverse implications for transparent decision-making, public consultation periods and contributions from interested non-governmental actors. A concluded agreement will build on prior treaties and influence the course of future international arrangements. But the impact of a United States free trade agreement is not always clear, including because of a lack of reliable data, and the extent of national legal change is a contested issue given existing reform agendas and external influences. The United States seek to redesign national health care systems in its own image and had little success in Australia’s case. National legal systems need not be harmonised: although there can be some convergence in intellectual property rights regimes, significant differences may also remain. Negotiators must reconcile competing cultures, philosophies and perspectives between States for a free trade agreement to be worthwhile.
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Given, Jock. "‘Not Unreasonably Denied’: Australian Content after Ausfta." Media International Australia 111, no. 1 (May 2004): 8–22. http://dx.doi.org/10.1177/1329878x0411100104.
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The text of the Australia–United States Free Trade Agreement (AUSFTA), released in early March 2004, makes more concessions than many in Australia's audiovisual and cultural industries might have hoped, but less than they feared. Its precise impact will depend on how ‘new media’ replaces, subsumes or supplements ‘old media’, and how quickly. AUSFTA institutionalises much lower aspirations about the level of Australian content in emerging media systems than Australians have come to expect in broadcast television. Some will interpret this simply as an articulation of the policy impotence which will inevitably flow from technological change. Others will recognise it as a partial, but historic, concession of Australian policy capacity and a broad acceptance of the long-standing US agenda for the information economy — long and tough protections for intellectual property rights, but increasingly liberal global markets for trading them. This article explains the provisions of AUSFTA and examines their effect on Australian audiovisual and cultural activities.
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Mazzola, Riccardo. "“I make an oath and say as follows”: Yolngu judicial discourse on sacred art and copyright." Oñati Socio-legal Series 10, no. 4 (August 1, 2020): 876–902. http://dx.doi.org/10.35295/osls.iisl/0000-0000-0000-1135.
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The main claim of this study is that a dynamic repertoire of Indigenous linguistic conducts and judicial strategies exists in Yolngu (Australia) artworks misappropriation cases discussed before Australian courts, and that its examination helps to clarify Indigenous perspectives on the property of sacred art. This essay – covering an almost untouched field in the literature on “Indigenous intellectual property” – enlightens Yolngu judicial strategies as their answer to the conundrum between the risk of a loss of their cultural identity and the advantage potentially deriving from a state recognition of Indigenous “intellectual property” rights. This study mainly relies on Yolngu and other subjects’ affidavits released throughout five significant 1990s lawsuits. Affidavits clearly show the two-folded nature of Yolngu judicial discourse on sacred art and copyright, simultaneously insisting on and (implicitly) dismissing an interpretation of Indigenous paintings as “intellectual property”. La principal afirmación de este estudio es que hay un repertorio dinámico de conductas lingüísticas y estrategias judiciales indígenas en los casos de malversación de obras de arte yolngu (Australia) que se presentaron en juzgados australianos. El análisis de esos repertorios ayuda a esclarecer las perspectivas indígenas sobre la propiedad de arte sagrado. Este artículo –que cubre un campo casi inédito en la literatura sobre propiedad intelectual indígena– arroja luz sobre las estrategias judiciales de los Yolngu como respuesta al dilema entre el peligro de una pérdida de su identidad cultural y la posible ventaja derivada de un reconocimiento del Estado de los derechos de propiedad intelectual indígenas. Nuestro estudio se basa principalmente en las declaraciones juradas de miembros del pueblo Yolngu y de otras personas. Dichas declaraciones se realizaron durante cinco casos judiciales significativos de los años 90. Las declaraciones juradas demuestran la naturaleza dual del discurso judicial de los Yolngu sobre arte sagrado y derechos de autor, insistiendo simultáneamente en, a la vez que (implícitamente) rechazando una interpretación de las pinturas indígenas como “propiedad intelectual”.
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Allen, Dominique, and Ingrid Landau. "Major court and tribunal decisions in Australia in 2019." Journal of Industrial Relations 62, no. 3 (March 26, 2020): 446–60. http://dx.doi.org/10.1177/0022185620909411.
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This annual survey of significant court and tribunal decisions in Australia in 2019 covers employer efforts to restrain employee communication outside the workplace through codes of conduct and the use of biometric technology in the workplace. It also considers the rise of class actions in employment law and the strategic use by large employers of consumer and intellectual property laws against trade unions in the context of industrial disputes.
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Dennis-McCarthy, Nopera. "Indigenous Customary Law and International Intellectual Property: Ascertaining an Effective Indigenous Definition for Misappropriation of Traditional Knowledge." Victoria University of Wellington Law Review 51, no. 4 (December 17, 2020): 597. http://dx.doi.org/10.26686/vuwlr.v51i4.6700.
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The effective protection of indigenous traditional knowledge from misappropriation is a fundamental challenge faced by the intellectual property system. A substantial aspect of this challenge is how the intellectual property regime can practically utilise or incorporate indigenous customary law as a means of protection against misappropriation, when there is an inherent tension between the former and the latter. Any international legal instrument intended to protect against misappropriation of indigenous traditional knowledge will have to contend with this tension: a definition of misappropriation ought to encourage use of local indigenous customary law, but it also must be practically applicable within the confines of the intellectual property system. Consequently, this article considers the challenge in two parts. The first part requires ascertainment of a potential international legal definition of misappropriation that will uphold and maintain indigenous customary law, in the context of the World Intellectual Property Organization (WIPO) Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) draft articles. To ensure the definition effectively affirms indigenous customary law, it will be based on three key "approaches" to indigenous custom. The second part entails application of the definition to the domestic context, namely through the case studies of New Zealand and Australia, and a subsequent critique of the difficulties of application, to illustrate the challenge of incorporating indigenous customary law within the intellectual property system. This article concludes that the risks inherent in an aspirational definition of misappropriation which may have some challenges in application are outweighed by the potential of normalising and encouraging indigenous customary law as the foundational basis for truly effective protection of traditional knowledge against misappropriation.
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Longdin, Louise. "Parallel Importing Post Trips: Convergence and Divergence in Australia and New Zealand." International and Comparative Law Quarterly 50, no. 1 (January 2001): 54–89. http://dx.doi.org/10.1093/iclq/50.1.54.
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In a famous act of studied neutrality the framers of the Trade Related Aspects of Intellectual Property Rights Agreement (TRIPS)1 left nations adhering to the Agreement completely free, in Article 6 of that document, to determine the extent to which they would allow the parallel importation of products affected by intellectual property rights which had been lawfully placed on the market outside the jurisdiction.2 The hands off approach embodied in Article 6 came as no surprise to commentators and TRIPS watchers. What to do about parallel importing has always been an issue which has deeply divided the world's trading nations and continues to be the subject of vigorous debate within them.3 Intellectual property owners and their licensees are uniting across national borders not just to defend historically entrenched advantages but also to portray these advantages as so much a part of the post TRIPS order that their extension (at home as well as abroad) seems both natural and inevitable. Importers and would-be importers outside existing distribution networks not unnaturally remain sceptical of arguments which threaten to replace tariffs and import restrictions with private law barriers to entry, barriers backed by both civil and criminal sanctions. In Australia and New Zealand these self-interested opponents of parallel importing have, in recent years, been joined in their scepticism by competition regulators and policy makers eager to bring to bear on the debate economic insights derived from detailed analyses of the impact of such restrictions both on particular product markets and the national economy as a whole. Increasingly too, the wider consuming public has begun to see that grey markets have charms hitherto invisible behind now removed protectionist walls.
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Drahos, Peter, Buddhima Lokuge, Tom Faunce, Martyn Goddard, and David Henry. "Pharmaceuticals, intellectual property and free trade: the case of the US–Australia free trade agreement." Prometheus 22, no. 3 (September 2004): 243–57. http://dx.doi.org/10.1080/0810902042000255705.
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Jefferson, David J. "Certification marks for Australian native foods: A proposal for Indigenous ownership of intellectual property." Alternative Law Journal 46, no. 1 (January 24, 2021): 53–57. http://dx.doi.org/10.1177/1037969x20982719.
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Recently, interest in ‘bush tucker’ foods has surged. Indigenous Australians should be empowered to determine how their knowledge is used when these products are commercialised. To exercise control over the development of the native foods industry, Indigenous Australians could establish a certification regime to ensure that their knowledge is appropriately converted into commercial products. This could be done through the strategic use of intellectual property, specifically through certification trade marks. Creating a certification mark for native foods could represent an important part of a decolonial policy agenda aimed at reimagining the regulation of native biodiversity and cultural knowledge in Australia.
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Bond, Catherine. "Tobacco Plain Packaging in Australia: JT International v Commonwealth and Beyond." QUT Law Review 17, no. 2 (November 24, 2017): 1. http://dx.doi.org/10.5204/qutlr.v17i2.702.
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For as long as plain packaging legislation had been floated as an option for tobacco products, tobacco companies had threatened legal action against such a regime. Those threats became action when, two tobacco companies separately commenced litigation in the High Court of Australia claiming that the Tobacco Plain Packaging Act 2011 (Cth) breached section 51(xxxi) of the Australian Constitution. Yet, the Act survived that challenge and remains in force to this day. This article reviews the introduction of the Act and subsequent challenge, and closely analyses the judgments comprising the decision in JT International v Commonwealth. It then examines how plain packaging has operated in practice, including enforcement of the regime and unexpected legal issues arising from its application. This article concludes with a reflection on what the Commonwealth’s victory regarding plain packaging means for constitutional intellectual property issues more generally.
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Alexander, Isabella. "White Law, Black Art." International Journal of Cultural Property 10, no. 2 (January 2001): 185–216. http://dx.doi.org/10.1017/s0940739101771305.
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This article examines the issues surrounding the appropriation of indigenous culture, in particular art. It discusses the nature and context of Aboriginal and Torres Strait Islander art in Australia in order to establish why appropriation and reproduction are important issues. The article outlines some of the ways in which the Australian legal system has attempted to address the problem and looks at the recent introduction of the Label of Authenticity. At the same time, the article places these issues in the context of indigenous self-determination and examines the problematic use of such concepts as “authenticity.” Finally, the article looks beyond the Label of Authenticity and existing law of intellectual and cultural property, to sketch another possible solution to the problem.
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Evans, Louis, Harry Scott, Kado Muir, and John Briscoe. "Effective intellectual property protection of traditional knowledge of plants and their uses: an example from Australia." GeoJournal 74, no. 5 (December 24, 2008): 391–401. http://dx.doi.org/10.1007/s10708-008-9229-6.
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Samad, Ghulam, and Rabia Manzoor. "Green Growth: An Environmental Technology Approach." Pakistan Development Review 50, no. 4II (December 1, 2011): 471–90. http://dx.doi.org/10.30541/v50i4iipp.471-490.
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This research is focused on achieving green growth through an environmental technology approach. Developing environmental technology we examined four elements considering the enforcement of intellectual property rights (IPRs), research and development (R&D) expenditures, the size of the market capture by GDP and most importantly the environmental taxations. This study includes the 11 developed countries which are Austria, Australia, Canada, France, Japan, Finland, Germany, Sweden, U.K and U.S. Technology change can be better handled by panel data than by pure cross-section or pure time series. It can minimise the bias if we used the aggregate individuals or firms. Estimation techniques depend on short panel or long panel. This study used the Pooled Least Square estimation techniques like Fixed Effect Model (FEM) and random effect model (REM) for both balance period of 2000-2005 and unbalanced period from 1995-2005. The study concluded the policy formulation in making developed‘s climate resilient economies. JEL classification: O34, F19, L24 Keywords: Intellectual Property Rights, Foreign Direct Investment, Technology Licensing
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Naim, Nadia. "Transatlantic trade and investment partnership (TTIP) and the spill overs effects on the Gulf – cooperation council." International Journal of Law and Management 59, no. 1 (February 13, 2017): 35–51. http://dx.doi.org/10.1108/ijlma-10-2015-0056.
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Purpose The purpose of this paper is to examine the transatlantic trade and investment partnership (TTIP). The EU and the USA are negotiating the TTIP, a trade agreement that aims to remove trade barriers across different economic sectors to increase trade between the EU and the USA. The TTIP will have spill over effects on the MENA region, the GCC, Australia and the Asian sub-continent, as it raises key questions for intellectual property and international trade agreements. For instance, will the USA and EU be on an equal footing or will one triumph over the other, will third party countries like the GCC states be expected to adopt new standards. Design/methodology/approach The research design is a paper and online data collection method to find literature to date on intellectual property law development in the GCC states in relation to the three research objectives as set out above. The literature is the population, and this could prove problematic. Different databases have been used to cover all sources where data can be found. Findings As the EU-USA TTIP is aiming to conclude by the end of 2015, the GCC has an opportunity to reassess its relationship with both the EU and GCC. Up until now, the GCC was able to enter into negotiations with the EU and USA relatively independently. However, where the EU and USA can agree, there will be a harmonisation of regulations. This therefore has repercussions for the GCC. The TTIP has three main aims: to increase trade and investment through market access, increase employment and competitiveness and create a harmonised approach to global trade. To harmonise global trade, the EU and USA aim to harmonise their intellectual property rights through an intellectual property rights chapter that deals specifically with enhancing protection and recognition for geographical indications, build on TRIPS and patentability. Research limitations/implications This study is non-empirical. Originality/value The TTIP will have spill over effects for the GCC, as it has yet to finalise the EU-GCC free trade agreement and USA-GCC framework agreement. The power dynamics between the USA and EU will be a deciding factor on the intellectual property chapter in the TTIP in terms of what the provisions for intellectual property will look like and what powers will be available to investors to bring investor-state-dispute settlement claims against foreign countries.
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Burton, John. "The Anthropology of Personal Identity: Intellectual Property Rights Issues in Papua New Guinea, West Papua and Australia." Australian Journal of Anthropology 18, no. 1 (April 2007): 40–55. http://dx.doi.org/10.1111/j.1835-9310.2007.tb00076.x.
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Harvey, Ken. "Patents, pills and politics: the Australia–United States Free Trade Agreement and the Pharmaceutical Benefits Scheme." Australian Health Review 28, no. 2 (2004): 218. http://dx.doi.org/10.1071/ah040218.
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There is tension between the need of the pharmaceutical innovator for intellectual property protection and the need of society for equitable and affordable access to innovative drugs. The recent Australia?United States Free Trade Agreement provides a nice illustration of this interplay between patents, pills and politics. This article provides a brief history of patent law as applied to pharmaceuticals, describes how the Pharmaceutical Benefits Scheme got caught up in AUSFTA negotiations, analyses the clauses that are likely to impact upon the PBS and describes the political process that reviewed and ultimately amended the AUSFTA.
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Geissbuhler, A., R. Haux, and S. Y. Kwankam. "Towards Health for All: WHO and IMIA Intensify Collaboration." Methods of Information in Medicine 46, no. 05 (2007): 503–5. http://dx.doi.org/10.1160/me5006.
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Summary Objective: To intensify the collaboration between WHO, the World Health Organization, and IMIA, the International Medical Informatics Association. Methods: Identifying key areas of collaboration and publishing a joint communiqué during Medinfo 2007 in Brisbane, Australia. Results and Conclusions: WHO and IMIA have identified three keyareas of joint work for the next three years: the Global Observatory for eHealth, the use of I CT for the development of the health and health care workforce, and sharing eHealth products and services related to intellectual property for development.
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Gunadi, Ariawan. "INDONESIA'S POSITION BASED ON THE AUSTRALIAN ASEAN NEW ZEALAND FREE TRADE AGREEMENT AND ITS IMPACT FROM A BUSINESS LAW PERSPECTIVE." Jurnal Hukum & Pembangunan 40, no. 1 (March 3, 2010): 142. http://dx.doi.org/10.21143/jhp.vol40.no1.211.
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AbstractIndonesia as one of the major countries in South East Asia acts as aprominent business center between the East and the West. Business activitiessoon attract the attention of other countries in similar geography to share thewealth such as Malaysia, Filipina, Myanmar, Cambodia, Singapore,Vietnam, Thai/and, Laos, Myanmar and Brunei Darussalam. However, theinternational society would have to face the import taxes that impedesf oreign goods from flowing into state member' market. Australia and NewZealand as a fellow business partner then proposes the Australian AseanNew Zealand Free Trade Agreement (AANZFTA) to the Association of SouthEast Asian Nations (ASEAN) that allows members to conduct free tradeamong them in almost every sector, including goods, services, investment,intellectual property and new issues (Singapore Issues). However theagreement is suspected by some parties to condone a subtle form of liberaleconomy that may allow Australia and New Zealand to influence the nationaleconomy of the weaker state, not mentioning endangering ASEAN'bargaining position in the World Trade Organization. This article attemptsto explain the position of Indonesia 's economic sovereignty by signing theAANZFTA which imposes several clauses affecting the economic activity andhow will the agreement bring impact to Indonesia 's national economy offrom a business law perspective.
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Zhou, Suzanne, and Jonathan Liberman. "Public Health, Intellectual Property, and the Trade and Investment Law Challenges to Australia and Uruguay’s Tobacco Packaging Laws." Australian Year Book of International Law Online 37, no. 1 (June 22, 2020): 63–75. http://dx.doi.org/10.1163/26660229_03701005.
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Rowe, Gerard C., and Rob Brian. "Meeting the Needs of Comparative and International Legal Research in Australia: A Library Project—A Report and Proposal*." International Journal of Legal Information 20, no. 3 (1992): 238–64. http://dx.doi.org/10.1017/s0731126500007939.
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Common Law systems have always practiced a fairly consistent comparative legal research and scholarship. Initially through the mere exportation of rules and principles from England this was a somewhat centripetal comparative law but it has passed through various modes of radial, circumferential, centrifugal and ultimately polycentric comparisons and cross-fertilizations. Nevertheless, this exercise in comparative law, also in Australia, has remained largely within the boundaries of the Common Law world. It is no longer possible for legal research to be conducted wholly within the boundaries of a single legal system, even that of the enlarged Common Law. Legal researchers need to look beyond the borders of their own jurisdictions. Hardly any legal system today is capable of operating without international interactions requiring a knowledge of foreign legal systems, and many legal problems, or socio-economic problems which law must help to solve, may find useful models elsewhere. In Australia there are needs for reform in fields such as intellectual property, banking or consumer law, and for providing qualified advice including predictions of developments in foreign legal systems to ensure that foreign commerce and trade is fully informed of potential benefits and disadvantages to be found under foreign law. Australia must also be able to take its proper place in fields such as international environmental protection, and to take advantage of potentially beneficial developments in dispute resolution techniques. All of these situations are ones in which, by looking outside their national and even Common Law framework, Australian legal researchers will be better placed to provide concrete benefits to Australian society.
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Buzard, Kristy, and Tania Voon. "How Trade-Restrictive Is Standardized Packaging? Economic and Legal Implications of the WTO Panel Reports in Australia–Tobacco Plain Packaging." World Trade Review 19, no. 2 (April 2020): 267–81. http://dx.doi.org/10.1017/s1474745620000051.
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AbstractThe lengthy and long-awaited WTO Panel Reports in Australia–Tobacco Plain Packaging contain a host of material for reflection, particularly in relation to the Agreement on Technical Barriers to Trade (TBT) and the Agreement on Trade-Related Aspects of Intellectual Property Rights. While two of the Panel Reports proceed to appeal, we consider with respect to the two adopted Panel Reports the Panel's reasoning in relation to Article 2.2 of the TBT, focusing on the meaning of trade-restrictiveness. This concept central to WTO law has been under-examined to date, and these Panel Reports demonstrate some of the complexities in identifying trade-restrictive measures, particularly where they are non-discriminatory. The Panel found that Australia's measures restrict trade because they contribute to their objective of reducing tobacco consumption. Therefore, any equally effective alternative will similarly restrict trade. This curious result under TBT Article 2.2 may be particular to non-discriminatory measures that target ‘socially bad’ products such as tobacco.
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Nor Mohamad Hashim, Haswira, Muhamad Helmi Muhamad Khair, Anida Mahmood, and Zeti Zuryani Mohd Zakuan. "Outbound Open Innovation Policy for Exploitation of Intellectual Creation, Design and Creativity in Malaysian Public Universities." Asian Journal of University Education 16, no. 4 (January 24, 2021): 44. http://dx.doi.org/10.24191/ajue.v16i4.11957.
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The objective of the research is to explore the aim, application and strategy perceived as important in the development of an outbound open innovation policy for exploitation of intellectual creation, design and creativity in Malaysian public universities (MPUs). Under existing intellectual property, innovation and commercialization policies, a large portion of intellectual design, creation and creativity in MPUs remain unexploited. Hence, the need to develop a new set of aim, application and strategy to promote the exploitation of intellectual design, creation and creativity in MPUs. The research conducts a survey involving respondents representing the Technology Licensing Office of 15 MPUs. The research also analysed outbound open innovation policies from five universities in Australia, UK, US and South Africa. These policies provide the basis in the development of the survey instrument of the research. The survey instrument contains nine items outlining the aim, application and strategy for exploitation of an outbound open innovation policy. The survey findings indicate that eight of the items are perceived as important for the development of the policy. The findings of the survey provide a beneficial input for the development of an outbound open innovation policy for exploitation of intellectual design, creation and creativity in MPU.
Keywords: Creation, Creativity, Design, Innovation, Institutional Policy
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Wee, Kenneth. "Australia as an international capital centre and headquarters for oil and gas investments." APPEA Journal 53, no. 1 (2013): 47. http://dx.doi.org/10.1071/aj12005.
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Oil and gas projects inherently require significant sums of capital investments. Uncertainty in the global financial climate, coupled with volatile commodity prices and unrelenting cost escalations, is contributing to the risk of a world-wide credit crunch. In an ever-tightening capital market, investors are forced to compete globally for equity amidst rising costs of capital and an unprecedented demand for accountability by capital providers. Despite tough economic times, Australia has remained one of the world’s leading centres for raising capital for global oil and gas exploration and development exploits. Many players increasingly access Australia’s liquid capital markets to fund emerging oil and gas ventures in locations including Africa, Asia and the Americas. Australia has conducive regulatory and fiscal rules, which make it an attractive holding company jurisdiction to locate either global or regional oil and gas headquarters. There are, however, many aspects of Australia’s fiscal rules that are often overlooked and can prove costly for the global tax effectiveness of investing through Australia and the flow-on impact on global after-tax funding costs in a capital-constrained environment. This peer-reviewed paper seeks to canvass the following: overview of Australia’s holding company tax regime, including Australia’s participation exemption, branch profits exemption and controlled foreign company rules; accidental permanent establishment risks for Australian entities operating abroad; treatment of equity-raising costs; cost allocations for management, technical services and head office support; funding of foreign operations and subsidiaries; holding intellectual property rights and conducting research and development in Australia versus abroad; and Australia’s arm’s length rules.
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Bodle, Kerry, Mark Brimble, Scott Weaven, Lorelle Frazer, and Levon Blue. "Critical success factors in managing sustainable indigenous businesses in Australia." Pacific Accounting Review 30, no. 1 (February 5, 2018): 35–51. http://dx.doi.org/10.1108/par-02-2016-0017.
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Purpose The purpose of this paper is to investigate success factors pertinent to the management of Indigenous businesses through the identification of points of intervention at the systemic and structural levels. Through this approach, the economic and social values that First Nations communities attach to intangible Indigenous cultural heritage (ICH) and Indigenous cultural intellectual property (ICIP) may be both recognised and realised as assets. Design/methodology/approach This paper adopts a multidisciplinary approach to address a global issue of economic and social significance to First Nation peoples, their businesses and the Australian Aboriginal communities. The authors adopt a First Nation epistemological standpoint that incorporates theoretical perspectives drawn from a diverse range of fields and theories (Preston, 2013), as well as advocate the use of Indigenist methodology for research with First Nation peoples as it is underpinned by critical race theory. Findings The authors argue conceptually that accounting, accountability and auditing consideration are required to fully identify what is impacting the successful management of Indigenous enterprises. Specifically, in relation to accounting, Elders should be included to assist in valuing the intangible ICH and ICIP assets. Furthermore, the authors emphasise the need to improve the financial and commercial literacy levels of Indigenous entrepreneurs. Practical implications The authors prescribe the use of tools for the accounting treatment of ICH and ICIP as intangible assets within an Australian regulatory environment and define an auditing process and accountability model incorporating cultural, social and environmental measures. A central tenet of this model relates to improving levels of personal and commercial financial literacy in the First Nation participants. Collectively, these factors promote informed participation and decision-making, and may promulgate more sustainable outcomes. Social implications Integrated thinking requires all these factors to be considered in a holistic manner, such that a First Nation enterprise and the wider Aboriginal and Torres Strait Islander people can understand, and make decisions based on, the overall impact it has on all their stakeholders and generally on the society, the environment and the economy. Originality/value This paper contributes to Australia’s strategic research priorities of maximising social and economic participation in society and improving the health and well-being of the Aboriginal and Torres Strait Islander people. The authors address the inability of current Western accounting standards, practices and models to suitably account for communally held and protocol-bound intangible Indigenous cultural heritage and Indigenous cultural intellectual property assets.
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Aragão, Áurea Machado de, and Antônio Martins De Oliveira Júnior. "Socioeconomic and demographic scenario of Brazil, India and Australia." International Journal for Innovation Education and Research 7, no. 9 (September 30, 2019): 193–202. http://dx.doi.org/10.31686/ijier.vol7.iss9.1725.
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This work presents a study on the social, economic and demographic aspects of Brazil, India and Australia. For this study, a socioeconomic and demographic survey was carried out, analysing Brazil, India and Australia, aimed at comparing the current scenario of these three countries. For the qualitative and quantitative analysis, data mining on the World Bank, IndexMundi, CountryEconomy, Trading Economics and the Organisation for Economic Co-operation and Development (OECD) databases was performed, having subsequently drawn graphs that summarise the textual information found. With the results, among other conclusions, it was observed that Indian women are not highly present in the job market, with Brazil and Australia having an analogous rate of working women. Furthermore, a similarity was found between the rates of articles published in scientific journals in both Brazil and Australia. Regarding per capita spending on health, it could be noted that the rate in Australia is 10 times higher than in Brazil, while this rate is 20 times lower in India when compared to Brazil. It was also concluded that, although India has 60% more requests for resident and non-resident patent applications, the revenue from intellectual property in this country is 36% lower than the one in Australia and 19% lower than in Brazil.
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Harmer, M., A. V. Stewart, and D. R. Woodfield. "Genetic gain in perennial ryegrass forage yield in Australia and New Zealand." Journal of New Zealand Grasslands 78 (January 1, 2016): 133–38. http://dx.doi.org/10.33584/jnzg.2016.78.514.
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Genetic gain of forage yield in pasture species underpins long-term productivity improvements in pastoral agriculture. The value of proprietary seed sales in Australia and New Zealand has resulted in more public and private investment in perennial ryegrass breeding than other forage species, but this is still much less than for major row crops. Historic estimates of genetic gain in total annual dry matter (DM) yield for perennial ryegrass cultivars have ranged from 0.25 to 0.73% per year, but ongoing questions from farmers and industrygood organisations has prompted further assessment of recent genetic gains. Analysis of 46 Australian and New Zealand trials identified two distinct periods of genetic gain: (a) before 1990, where genetic gain for total annual DM yield was limited, and (b) after 1990 where consistent genetic gains of approximately 0.76% per year or 105 kg DM/ha/year have occurred, with rates higher than this especially in winter, summer and autumn. Investigations to better understand the key scientific and economic factors responsible for the observed changes in rates of genetic gain are warranted, as this may help inform policies and investment aimed at further increasing rates of genetic gain in all forage species. Keywords: germplasm origin, endophyte, Lolium perenne L., plant intellectual property rights, cultivar evaluation
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Simpson, Bradley S., David J. Claudie, Nicholas M. Smith, Ross A. McKinnon, and Susan J. Semple. "Learning from Both Sides: Experiences and Opportunities in the Investigation of Australian Aboriginal Medicinal Plants." Journal of Pharmacy & Pharmaceutical Sciences 16, no. 2 (June 11, 2013): 259. http://dx.doi.org/10.18433/j31s4q.
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With one of the oldest surviving cultures in the world, Australian Aboriginal people have developed immense knowledge about the diverse Australian flora. Western scientific investigation of some Australian Aboriginal medicinal plants has demonstrated interesting pharmacological activities and chemistry, however the majority of these species have not yet been extensively examined. We argue that research that is locally initiated and driven by Indigenous traditional owners in collaboration with Western scientists has significant potential to develop new plant-based products. Locally driven medicinal plants research in which traditional owners work as researchers in collaboration with University-based colleagues in the investigation of medicines rather than “stakeholders” or “informants” is one model that may be used in characterising plants with the potential to be developed into sustainable plant-based medicinal products with commercial value. Our team has taken this approach in research located both on traditional homelands and in the laboratory. Research being conducted by the University of South Australia and Chuulangun Aboriginal Corporation has led to patent filing for protection of intellectual property associated with novel compounds and extracts with the potential for development through cosmetic, complementary medicine and pharmaceutical routes. Ongoing research is examining the commercial developmental pathways and requirements for product development in these spaces. This review will address the opportunities that might exist for working in partnership with Australian Indigenous communities, some of the scientific knowledge which has been generated so far from our work together and the lessons learnt since the inception of the collaboration between the Chuulangun Aboriginal Corporation and scientists from the University of South Australia.
This article is open to POST-PUBLICATION REVIEW. Registered readers (see “For Readers”) may comment by clicking on ABSTRACT on the issue’s contents page.
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White, Jessica. "‘So many sparks of fire’: Dorothy Cottrell, modernism and mobility." Queensland Review 23, no. 2 (December 2016): 164–77. http://dx.doi.org/10.1017/qre.2016.27.
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AbstractThe broad brush strokes of Dorothy Cottrell's paintings in the National Library of Australia mark her as a modernist artist, although not one who painted the burgeoning Sydney Harbour Bridge or bright still-life paintings of Australian flora. Rather, she captured the dun surrounds of Ularunda Station, the remote Queensland property to which she moved in 1920 after attending art school in Sydney. At Ularunda, Cottrell eloped with the bookkeeper to Dunk Island, where they stayed with nature writer E.J. Banfield, then relocated to Sydney. In 1924 they returned to Ularunda and Cottrell swapped her paintbrush for a pen, writing The Singing Gold. After advice from Mary Gilmore, whom her mother accosted in a pub, Cottrell send it to the Ladies Home Journal in America. It was snapped up immediately, optioned for a film and found a publisher in England, who described it as ‘a great Australian book, and a world book’. Gilmore added, ‘As an advertisement for Australia, it will go far — the Ladies Home Journal is read all over the world’. Cottrell herself also went far, emigrating to America, where she wrote The Silent Reefs, set in the Caribbean. Cottrell's creative, intellectual and physical peregrinations — all undertaken in a wheelchair after she contracted polio at age five — show how the local references the international, and vice versa. Through an analysis of the life and writing of this now little-known Queensland author, this essay reflects the regional and transnational elements of modernism as outlined in Neal Alexander and James Moran's Regional Modernisms, illuminating how a crack-shot with a rifle once took Queensland to the world.
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Goldstein, Barry, Anthony Hill, Michael Malavazos, Sandra Menpes, Alexandra Wickham, Michael Jarosz, Dominic Pepicelli, et al. "A roadmap for community and investor satisfaction from unconventional gas development." APPEA Journal 53, no. 2 (2013): 437. http://dx.doi.org/10.1071/aj12048.
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If a fraction of the national potential to produce unconventional gas is realised, then Australia will benefit: security of domestic and export gas supplies for decades to come; supply-side competition for decades to come; improved balance of trade and transport fuel security as Australia's supplants imports with gas-based transport fuel; billions of dollars invested in environmentally sustainable projects; thousands of jobs; considerable royalties and tax for revenues public good; and, world-class intellectual property that can be converted into export services and equipment. Given these drivers, the SA State Government convened a Roundtable for Unconventional Gas Projects in October 2010. Participating in this roundtable are a total of 260 organisations plus individuals, including: peak representative bodies focused on economic, social, and natural environment outcomes; and, companies, universities, and key agencies from all state, NT, and commonwealth governments. This roundtable informed a Roadmap for Unconventional Gas Projects in South Australia that was published in December 2012. The objectives of this roadmap are to credibly inform industry strategies, government policies, and public perceptions. In particular, this roadmap explains how people and enterprises potentially affected by unconventional gas operations are given information and time to draw considered views so their rights to object in part or full to activity—and location-specific land access—are supported. This will facilitate the efficient, profitable, and welcomed deployment of capital, technologies, and infrastructure for the commercialisation of unconventional gas. This extended abstract details the findings of this roadmap.
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NGÔ THỊ HẢI, XUÂN. "The Trans-Pacific Partnership Agreement: Opportunities and Challenges to Vietnam’s Apparel Exported to the US Market." Journal of Asian Business and Economic Studies 216 (April 1, 2013): 96–107. http://dx.doi.org/10.24311/jabes/2013.216.02.
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The Trans-Pacific Partnership Agreement (TPP) is negotiated among eleven countries from three continents: Brunei Darussalam, Chile, New Zealand, Singapore, Australia, Canada, Malaysia, Mexico, Peru, the USA and Vietnam. It is considered as a 21st century trade agreement because it deals with various fields, from trade in goods and services to intellectual property, labor and environmental issues. TPP therefore offers both opportunities and challenges to Vietnamese economy, especially opportunity to export goods to member markets, including the US one - a potential market for various goods from Vietnam, such as apparel, footwear and aquatic products, etc. This paper aims at presenting an overview on TPP, and estimating opportunities and challenges to Vietnamese apparel industry when exporting its output to the USA in the future as influenced by the TPP.
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Mansfield, Sarah J. "Generic drug prices and policy in Australia: room for improvement? A comparative analysis with England." Australian Health Review 38, no. 1 (2014): 6. http://dx.doi.org/10.1071/ah12009.
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Objective To assess the degree to which reimbursement prices in Australia and England differ for a range of generic drugs, and to analyse the supply- and demand-side factors that may contribute to these differences. Methods Australian and English reimbursement prices were compared for a range of generic drugs using pricing information obtained from government websites. Next, a literature review was conducted to identify supply- and demand-side factors that could affect generic prices in Australia and England. Various search topics were identified addressing potential supply-side (e.g. market approval, intellectual property protection of patented drugs, generic pricing policy, market size, generic supply chain and discounting practices) and demand-side (consumers, prescribers and pharmacists) factors. Related terms were searched in academic databases, official government websites, national statistical databases and internet search engines. Results Analysis of drug reimbursement prices for 15 generic molecules (representing 45 different drug presentations) demonstrated that Australian prices were on average over 7-fold higher than in England. Significant supply-side differences included aspects of pricing policy, the relative size of the generics markets and the use of clawback policies. Major differences in demand-side policies related to generic prescribing, pharmacist substitution and consumer incentives. Conclusions Despite recent reforms, the Australian Government continues to pay higher prices than its English counterpart for many generic medications. The results suggest that particular policy areas may benefit from review in Australia, including the length of the price-setting process, the frequency of subsequent price adjustments, the extent of price competition between originators and generics, medical professionals’ knowledge about generic medicines and incentives for generic prescribing. What is known about the topic? Prices of generic drugs have been the subject of much scrutiny over recent years. From 2005 to 2010 the Australian Government responded to observations that Pharmaceutical Benefits Scheme prices for many generics were higher than in numerous comparable countries by instituting several reforms aimed at reducing the prices of generics. Despite this, several studies have demonstrated that prices for generic statins (one class of cholesterol-lowering drug) are higher in Australia compared with England and many other developed countries, and prices of numerous other generics remain higher than in the USA and New Zealand. Recently there has been increasing interest in why these differences exist. What does this paper add? By including a much larger range of commonly used and costly generic drugs, this paper builds significantly on the limited previous investigations of generic drug prices in Australia and England. Additionally, this is the first comprehensive investigation of multiple supply- and, in particular, demand-side factors that may explain any price differences between these countries. What are the implications for practitioners? Practitioners may contribute to the higher prices of generic medications in Australia compared with England through relatively low rates of generic prescribing. There are also significant implications for health policy makers, as this paper demonstrates that if Australia achieved the same prices as England for many generic drugs there could be substantial savings for the Pharmaceutical Benefits Scheme.
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O'CONNOR, S. J. "David versus Goliath. Branding, intellectual property rights and the ‘nanny state’: why Australia has to win its trial of strength against the tobacco giants." European Journal of Cancer Care 20, no. 5 (July 26, 2011): 561–62. http://dx.doi.org/10.1111/j.1365-2354.2011.01274.x.
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Slade, Alison. "GOOD FAITH AND THE TRIPS AGREEMENT: PUTTING FLESH ON THE BONES OF THE TRIPS ‘OBJECTIVES’." International and Comparative Law Quarterly 63, no. 2 (April 2014): 353–83. http://dx.doi.org/10.1017/s0020589314000098.
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AbstractThe WTO Panel decision inUnited States–Section 211 Omnibus Appropriations Act 1998provides an interesting, and as yet under-appreciated, explanation of the function of one of the most politically debated articles of the TRIPS Agreement—Article 7. This provision has received limited recognition from the Dispute Settlement Body of the WTO. Consequently, the Panel's interpretation of Article 7 as an expression of thegood faithprinciple is noteworthy, and is one that is not disavowed by the Appellate Body. Not only does the Panel acknowledge Article 7 as an effective source of law within the international intellectual property system, but in doing so it introduces into the TRIPS Agreement legal concepts that are not explicit within the text. This has implications for the function of this provision and also for the nature of the obligations arising under the Agreement for Member States. This article analyses the potential significance of this development by defining the scope of the good faith principle within the TRIPS Agreement. Particular reference will also be made to the role Article 7, as an expression of the good faith principle, may have in the forthcoming WTO dispute against Australia and its law on plain packaging for tobacco products.
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Raftery, David. "Producing value from Australia's vineyards: an ethnographic approach to 'the quality turn' in the Australian wine industry." Journal of Political Ecology 24, no. 1 (September 27, 2017): 342. http://dx.doi.org/10.2458/v24i1.20877.
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Abstract This article provides a detailed ethnographic intervention to the phenomenon of value-added agriculture, a discourse that has attained several concrete forms in Australian wine industry policy, and which is routinely presented as a legitimate rural future in wider agricultural and social science research. The legal and policy architecture of 'Geographical Indications' purports to value the regional distinctiveness of agricultural areas, by creating legally-defined wine regions. Producers from these wine regions enjoy privileged access to the use of regional descriptors that apply to their products, and the constitution of such wine regions can also codify the relationships between this regional identity and concrete viticultural and winemaking practices. This article draws on ethnographic research within the Clare Valley region of South Australia, one of the first Australian wine regions to be formally constituted as a legal entity, to examine in close detail the relationships that this region's wine producers have with their own discrete areas of operation. These ethnographic illustrations highlight that the creation of economic value within the premium wine industry cannot be reduced to the technical aspects of viticulture and oenology, nor the legal and policy means by which relationships between products and land are codified. Rather, the nuanced social understandings of landscape that wine producers are consistently developing is a critical element of cultural and commercial infrastructure that affords any wine producer or grape grower the possibility of achieving monopolistic relationships over discrete vineyard areas and the wine that is produced from them. These social understandings have a specifically egalitarian character that acts as a hedge against the chronic uncertainties arising from the global economic environment in which premium wine industry is inescapably a part. This resistance to codification, I argue, is a productive space that constitutes a form of resilience against chronically unstable sets of commercial and environmental conditions. Keywords: monopoly, regional rents, occupational discourse, intellectual property, Geographic Indications, Australian agrarian futures
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Grantham, Ross. "The Proceduralisation of Australian Corporate Law." Federal Law Review 43, no. 2 (June 2015): 233–57. http://dx.doi.org/10.22145/flr.43.2.3.
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The central hypothesis of the paper is that bit by bit and largely unnoticed Australian corporate law has undergone a profound change. Australian corporate law, and particularly the Corporations Act 2001 (Cth), has moved from an essentially private law, substantive rights model, to one that seeks to regulate the company and those involved in its affairs through the prescription of processes and procedures by which corporate decisions may be made and by which the procedural correctness of those decisions is assured. The paper will also seek to demonstrate, by an analysis of the changes in the patterns of corporate case law, that this proceduralising trend has effected a fundamental change in the nature of corporate law and the role of the courts and may now claim to be a, if not, the principal characteristic of Australian corporate law. The paper concludes by highlighting some of the wider implications of this trend and the risk it poses to the intellectual heart of corporate law. The modern registered company owes its immediate creation to the legislature. Historically, however, the nature of the corporate form and the content of what is now known in Australia as corporate law has been very much more the work of the courts.1 It is thus the case that the decision of the House of Lords in Salomon v A Salomon & Co Ltd2 is more often cited as the foundation of modern corporate law than are the Joint Stock Companies Act 1844 (UK)3 or the Limited Liability Act 1855 (UK).4 It is also the case that the building blocks of corporate law were predominantly taken from the private law. Within the open girders of the statutory framework,5 corporate law was built out of the concepts of contract, property, and trust. It is thus not surprising that the company was, and is still, regarded as a fundamentally private legal and economic institution.6
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Hutagalung, Jantarda Mauli, and Clara Ignatia Tobing. "PENYELESAIAN SENGKETA KEBIJAKAN PRODUK KEMASAN POLOS PRODUK ROKOK AUSTRALIA DALAM WTO [Resolution of the Dispute over Australia's Rules and Policies for the Plain Packaging of Cigarette Products in the WTO]." Law Review 20, no. 1 (September 14, 2020): 1. http://dx.doi.org/10.19166/lr.v20i1.2437.
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<p><span class="fontstyle0"><strong><em>Abstract</em></strong><br /></span></p><p><span class="fontstyle1"><em>The sovereignty of a country to issue a policy or regulation in the field of international trade </em><em>is limited by the enactment of the provisions in the World Trade Organization (WTO), </em><em>especially for countries that have ratified the GATT / WTO. If a country issues rules and/or </em><em>policy that conflict with WTO provisions, it will result in the country being sued by another </em><em>country. As happened with the policy issued by Australia. Indonesia is suing Australia to the </em><em>WTO for the rules and/or policies for the plain packaging of cigarette products (The Tobacco </em><em>Plain Packaging Act 2011) imposed by Australia. The policy is considered contrary to the </em><em>provisions of the WTO, specifically the provisions of TRIPS (Trade Related Aspects of </em><em>Intellectual Property Rights). This research utilizes a normative juridical method by paying </em><em>attention to legal materials such as legal principles, legal principles, international </em><em>conventions, and legislation relating to the problem of The Tobacco Plain Packaging Act. </em><em>From the results of the study can be seen WTO considerations in this case. In addition, there are also advantages and disadvantages of the implementation of The Tobacco Plain Packaging Act in the future.</em><br /></span></p><p><span class="fontstyle0"><strong><em>Keywords: WTO/GATT, The Tobacco Plain Packaging Act, International Economic Law</em></strong><br /></span></p><p> </p><p><strong>Abstrak</strong></p><p><span class="fontstyle4">Kedaulatan suatu negara untuk mengeluarkan suatu kebijakan atau peraturan dalam bidang perdagangan internasional dibatasi oleh berlakunya ketentuan-ketentuan dalam </span><span class="fontstyle1">World Trade Organization </span><span class="fontstyle4">(WTO), terutama bagi negara-negara yang telah meratifikasi GATT/WTO. Apabila negara mengeluarkan aturan dan/atau kebijakan yang bertentangan dengan ketentuan WTO akan mengakibatkan negara tersebut digugat oleh negara lain. Seperti yang terjadi dengan kebijakan yang dikeluarkan oleh Australia. Indonesia menggugat Australia ke WTO atas aturan dan/atau kebijakan kemasan polos produk rokok (</span><span class="fontstyle1">The Tobacco Plain Packaging Act 2011</span><span class="fontstyle4">) yang diberlakukan oleh Australia. Kebijakan tersebut dianggap bertentangan dengan ketentuan WTO, khususnya ketentuan TRIPS (</span><span class="fontstyle1">Trade Related Aspect of Intellectual Property Rights</span><span class="fontstyle4">). Penelitian ini menggunakan metode yuridis normatif dengan memperhatikan bahan hukum seperti asas-asas hukum, prinsip-prinsip hukum, konvensi internasional, serta perundang-undangan yang berkaitan dengan masalah </span><span class="fontstyle1">The Tobacco Plain Packaging Act</span><span class="fontstyle4">. Dari </span><span class="fontstyle4">hasil penelitian dapat terlihat pertimbangan WTO dalam kasus ini. Selain itu, terlihat juga keuntungan dan kekurangan dari pemberlakuan </span><span class="fontstyle1">The Tobacco Plain Packaging Act k</span><span class="fontstyle4">e depannya.<br /></span></p><p><strong><span class="fontstyle3">Kata kunci: WTO/GATT, </span><span class="fontstyle0">The Tobacco Plain Packaging Act</span><span class="fontstyle3">, Hukum Ekonomi Internasional</span> </strong></p>
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Rimmer, Matthew. "The Chilling Effect: Investor-State Dispute Settlement, Graphic Health Warnings, the Plain Packaging of Tobacco Products, and the Trans-Pacific Partnership." Victoria University Law and Justice Journal 7, no. 1 (June 11, 2018): 76–93. http://dx.doi.org/10.15209/vulj.v7i1.1044.
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Investor-State Dispute Settlement (ISDS) poses significant challenges in respect of tobacco control, public health, human rights, and sustainable development. Two landmark ISDS rulings provide procedural and substantive guidance on the interaction between ISDS and tobacco control. The ISDS action by Philip Morris against Uruguay in respect to graphic health warnings raised important procedural and substantive issues. The ISDS matter between Philip Morris and Australia over the plain packaging of tobacco products highlighted matters in respect of abuse of process. In the Trans-Pacific Partnership (TPP), there was a special exclusion for tobacco control measures in respect of ISDS. There was also a larger discussion about the role of general public health exceptions. In the Comprehensive Economic and Trade Agreement (CETA), there was a debate about the application of ISDS to intellectual property rights. In the European Union, there has been discussion of the creation of an international investment court. In the renegotiation of the North American Free Trade Agreement (NAFTA), there has even been calls to abolish ISDS clauses altogether from both Republicans and Democrats. This article concludes there is a need to protect tobacco control measures implementing the WHO Framework Convention on Tobacco Control 2013 from further investor and trade challenges.
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SAMAD, GHULAM, and RABIA MANZOOR. "GREEN GROWTH: IMPORTANT DETERMINANTS." Singapore Economic Review 60, no. 02 (June 2015): 1550014. http://dx.doi.org/10.1142/s0217590815500149.
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We discuss the important determinants requires to develop green patents, which eventually reinforce green growth. The theoretical framework examined four elements, the enforcement of intellectual property rights (IPRs), research and development (R&D) expenditures, market size and environmental taxations. We empirically test the green patent data to test the interrelationship of green patents representing the green innovations and IPR, R&D expenditures, market size and environmental taxations. Keeping in view the availability of the data we studied 11 developed countries, which are Austria, Australia, Canada, France, Japan, Finland, Germany, Sweden, U.K and U.S. The panel data can better handled the technological change rather than the pure cross section or pure time series data. Therefore, this study used the Pooled Least Square estimation techniques like Fixed Effect Model (FEM) and random effect model (REM) for both balance period of 1995–2010 and unbalanced period from 1995–2010. We only interpreted the balance period results depicting the enforcement of IPRs has negative and significant impact on green patents while the R&D expenditures, market size and environmental taxations has positive and significant impact on the green patents e.g. development of green innovations. We believe that the enforcement of explanatory variables will eventually acquire green growth.
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Lawson, Charles. "Managing the Australian Government’s Intellectual Property." Griffith Law Review 13, no. 2 (January 2004): 200–224. http://dx.doi.org/10.1080/10383441.2004.10854541.
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