Current Law Journal Content
Washington & Lee Law School
Current Law Journal Content
an index to legal periodicals
Australian Intellectual Property Journal
Volume 18, Number 3, August 2007
Evolution of "inventive step"-like elements in Australian patent laws
"Inventive step"-like elements (ISLEs) may arise in the assessment of "invention" and "novelty" in the Patents Act 1990 (Cth). This article questions the efficiency and effectiveness of leaving these elements in place and whether the issues might be better determined solely as a question of "inventive step". The article concludes, in the context of promoting regulatory quality and performance, that these ISLEs add unnecessary costs and complexity to Australia's patent laws.
Parody, satire, honour and reputation: The interplay between economic and moral rights
This article examines the interplay between the moral rights provisions, introduced into Australian copyright law in 2000, and the more recently introduced defence of fair dealing for the purposes of parody or satire. The legislation gives effect to a theoretical and legislative dichotomy between moral rights, and the economic rights. However, a potential conflict arises between the author's moral right to object to derogatory treatment of his or her work and the defence of fair dealing for parody or satire, which will often involve criticism or attack which may be seen as derogatory. The application of both aspects of the law in different copyright contexts is considered, namely potential disputes with respect to literary and dramatic works, artistic works, musical works and cinematograph films.
Legal protection of traditional cultural expressions in East and Southeast Asia: An unexplored territory?
While there have been numerous discussions in many parts of the world on policy options to achieve an optimal level of protection of traditional cultural expressions (TCEs), the issue does not appear to have received the same level of attention in East and Southeast Asia. This article examines the current situation in relation to the protection of TCEs, and discusses ways in which the culturally-rich communities of East and Southeast Asia could benefit from a system of protection for TCEs. For that purpose, it examines the position of East and Southeast Asian countries in international fora in relation to TCEs and discusses the attempts that have been made at the national level, to protect TCEs in some of these countries. The article then examines the possibilities of protection through wider development initiatives to promote indigenous industries, which, although not directly intellectual property-related, present a valuable platform for the protection of TCEs.