William van Caenegem

Intellectual property law and innovation

This book covers the areas of intellectual property law that are most relevant to both product and technological innovation. It surveys intellectual property law relevant to protecting or monopolising the novel visual appearance, as well as the novel functions and substantive characteristics of products. Intellectual Property Law and Innovation deals with copyright laws as relevant to computers, the visual design of products, registered design laws, patent laws and the law relating to computer chip layout. It also examines aspects of passing off and trademark laws relevant to product appearance. The role of these different areas of law is examined from the perspective of innovation theory, as well as from the perspective of innovation strategy and public policy. This book takes a comparative approach, but focuses principally on the law in English speaking jurisdictions, especially Australia.

Intellectual property policy reform : fostering innovation and development

Contents: 1. Themes and Prospects for Intellectual Property Law Reform Chris Arup and William van Caenegem PART I: GOVERNMENT INTELLECTUAL PROPERTY GRANTS 2. Why Patents Need Reform, and Some Suggestions for It William Kingston 3. What are the Costs and Benefits of Patent Systems? Hazel V.J. Moir 4. Strong Patent Rights, Weak Patent Standards and Innovation in Biomedicine Dianne Nicol 5. The Jewel in the Crown - Indias Patent Office and Patent-based Innovation Peter Drahos 6. The First Steps in Remedying the Relationship between Patents and Competition Charles Lawson PART II: OPEN INTELLECTUAL PROPERTY SYSTEMS 7. An Introduction to Open Source Biotechnology Janet Hope 8. Intellectual Property, Innovation and Openness Ulf Petrusson and Caroline Pamp 9. Wikipedia, Collective Authorship, and the Politics of Knowledge Matthew Rimmer 10. Copyright and the New Street Literature Megan Richardson and Jason Bosland PART III: PRIVATE INTELLECTUAL PROPERTY TRANSFERS 11. Commercialization of University Research and Free Diffusion - What does Experience Show Works Best in and for Australia? Ann L. Monotti 12. Pervasive Incentives, Disparate Innovation and Intellectual Property Law William van Caenegem 13. Commodifying Sheer Talent: Perverse Developments in the Laws Enforcement of Restrictive Covenants Joellen Riley 14. Split Entitlements? Intellectual Property Policy for Clusters and Networks Chris Arup 15. Conclusion William van Caenegem and Chris Arup Index

Inter-firm migration of tacit knowledge: law and policy

Abstract Much knowledge is diffused by the exchange of property rights in intangibles. But tacit knowledge, not being subject to property rights, is instead diffused by migration of knowledgeable individuals between firms. The law impacts significantly on this diffusion mechanism, in particular those rules that determine the use individuals may make of their tacit knowledge after migration to a different firm. The general principle underlying the relevant law is that individuals are free to migrate with all their tacit knowledge. Nonetheless there are some narrow exceptions to this principle. That these exceptions remain narrow and carefully policed by the courts is important because imposing too many restraints on use of tacit knowledge post‐term would have a negative impact on real innovation.Much knowledge is diffused by the exchange of property rights in intangibles. But tacit knowledge, not being subject to property rights, is instead diffused by migration of knowledgeable individuals between firms. The law impacts significantly on this diffusion mechanism, in particular those rules that determine the use individuals may make of their tacit knowledge after migration to a different firm. The general principle underlying the relevant law is that individuals are free to migrate with all their tacit knowledge. Nonetheless there are some narrow exceptions to this principle. That these exceptions remain narrow and carefully policed by the courts is important because imposing too many restraints on use of tacit knowledge post-term would have a negative impact on real innovation.

The importance of place: Geographical indications as a tool for local and regional development

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The Internationalisation of Law: Legislating, Decision-Making, Practice and Education

Contents: PART I: OVERVIEW Foreword John O. Haley Preface Mary Hiscock and William van Caenegem PART II: INTERNATIONALISATION OF LEGISLATING 1. Internationalisation of Regulatory Policy: The Case of Financial Markets and the Global Meltdown Lawrence Baxter 2. Internationalisation and Statutory Interpretation: Looking Deep and Looking Wide Suzanne Corcoran 3. Reform, Regulation and Risk: The Internationalisation of Legislation and Legal Policy Les McCrimmon PART III: INTERNATIONALISATION OF LEGAL PRACTICE 4. Law: A Global Practice - Perspectives on the Liberalisation of the Legal Services Markets John Corcoran 5. Internationalisation of Legal Practice: The Japan Experience Vicki Beyer 6. The Export of Professional Legal Services: ILSAC and the Australian Experience Ian Govey PART IV: INTERNATIONALISATION OF LAW TEACHING 7. Development Assistance in the Field of Legal Education Michael Bogdan 8. The Internationalisation of Legal Education: A Road Increasingly Travelled Vai lo Lo PART V: INTERNATIONALISATION OF LEGAL RESEARCH 9. Lawyers in Magellans World John O. Haley 10. Internationalisation or Isolation: The Australian Cul de Sac? Justice Paul Finn 11. Internationalisation of Legal Research: Finding Facts and Finding Law Before the Next Big Crash Patrick Quirk PART VI: INTERNATIONALISATION OF DECISION MAKING - LITIGATION 12. The Importance of International Developments in the Case-Law of the European Court of Justice: Kadi and the Autonomy of the EC Legal Order Inge Govaere 13. The Influence of Scholars Upon the Courts in Europe Pierre-Yves Gautier 14. Oil and Water? International Law and Domestic Law in Australia Chief Justice Robert French PART VII: INTERNATIONALISATION OF DECISION-MAKING - ARBITRATION 15. The New York Convention as a Driving Force Clyde Croft 16. International Arbitration and Competing Dispute Resolution Options Laurence Boulle 17. Internationalisation of Decision Making - Arbitration Lawrence Boo PART VIII: EPILOGUE Mary Hiscock and William van Caenegem

Mitigating ‘One-Size-Fits-All’ Approaches to Australian Agriculture: Is There a Case to Be Made for Geographical Indications?

Australia has been consistently opposed to extending Geographical Indications of Origin in Australian agriculture beyond their limited current application to wine. Such opposition has arisen largely because GIs have been viewed through the lens of international trade gains and losses and the subsequent contribution of these trade gains and losses to the collective wealth of the nation. GIs have not been considered in the Australian context for their potential to enhance the economic and social fabric of regional, rural and remote places, as has been the case in other nations. Such ‘rural enhancement’ considerations internationally, and particularly in Europe, have been an important part of the GI narrative. This chapter considers GIs in the Australian context from this perspective. We firstly outline the historical development of GIs and Australia’s response; and then provide an overview of Australian agricultural policy and operating environment that subsequently contextualizes two case studies. The first case study provides an in-depth look at the wine-GI experience and impact in Australia and the second provides a speculative analysis of the potential impact of GIs in a specific region. We conclude with insights into the ways in which GIs may well be contingently beneficial as tools for regional development in the Australian context.

Is it time for an offence of ‘dishonest algorithmic manipulation for electoral gain’?:

Algorithms impact important aspects of our lives and of society. There are now strong concerns about algorithmic manipulation, used by domestic actors or foreign powers, in attempts to influence the political process, including the outcome of elections. There is no reason to think that Australia is immune or protected from such activities and we ought to carefully consider how to tackle such threats – threats that go to the very heart of a democratic society. In this article, we examine the potential introduction of a Commonwealth offence of ‘dishonest algorithmic manipulation for electoral gain’.

The Internationalisation of Legal Education: General Report for the Vienna Congress of the International Academy of Comparative Law, 20–26 July 2014

As the phenomenon of “globalization” (however defined) is making ever more progress, legal education cannot remain indifferent to the increasingly important challenge of adapting the law and the lawyers to this new reality. The Internationalisation of Legal Education (“IOLE”), studied in this General Report, regroups the various answers to this challenge. This Report concludes that IOLE, mostly developed on a decentralized and ad hoc basis, is still very limited. A common scheme seems to emerge, that sees a strong division between undergraduate studies, focused on domestic legal systems, and more diversified and internationalized graduate degrees and programs.

The Internationalisation of Legal Education: The Future Practice of Law

The legal academy is responding in many varied ways to the challenge of producing lawyers adequately prepared to operate in a global environment. There is a renewed focus on lawyering skills, on core principles, on cultural context and on comparative research and study. This work advances the discussion of these issues while developing solid solutions and approaches to teaching law students destined for the future practice of law.