International Intellectual Property and the Common Law World

Once regarded as an esoteric and arcane area of legal studies,intellectual property law is now recognised as a key foundation of the information society. Part of the legal system's response to the challenges of human creativity, intellectual property law seeks to balance rewards for innovation against the broader public interest. The contributors to this volume address some of the emerging controversies in this expanding area of law, including: property rights in data; cross-border infringement of copyright; dilution of trade marks; the expansion of the law of patents; and the interface between intellectual property law and the regulation of unfair competition.



CONTRIBUTORS: The Hon Justice WMC Gummow, John Robinson, Thomas Marci Hamilton, John Simllie, Brian Fitzgerald, Sir Nicholas Pumfrey, Louise Longdin, John Adams, Graeme Austin, Susy Frankel, Sam Ricketson, Ian Eagles.



TABLE OF CONTENTS

1 International Intellectual Property Law and the Common Law World - Introduction by The hon Justice W.M.C. Gummow



Part 1: Intellectual Property and the Information Society



2 Database Protection and the Circuitous Route Around the United States Constitution - Marci A. Hamilton

3 Commodifying and Transacting Informational Products Through Contractual Licences: The Challenge for Informational Constitutionalism - Brian Fitzgerald

4 Shall We Shoot a Messenger Now and Then? Copyright Infringement and the On-line Service Provider - Louise Longdin

5 Copyright Across (and Within) Domestic Borders - Graeme W. Austin



Part 2: Developments in Industrial Society



6 Dilution and Confusion: The Bases of Trade Mark Infringement or the new Australian Trade Marks Anti-dilution Law 1999 - Sam Ricketson

7 New Challenges for the Law of Patents - John Robinson Thomas

8 Patentability in Australia and New Zealand Under the Statute of Monopolies - John Smillie

9 The Protection of Designs - The Hon Sir Nicholas Pumfrey

10 Industrial Property in a Globalised Environment: Issues of Jurisdiction and Choice of Law - John N. Adams



Part 3: Competition and Market Regulation



11 Unfair Competition Law -