Introducing to IP lAW
What are the different intellectual property law regimes in operation in Australia? Which of these regimes are statutory and which are based on common law?
Discussion Questions
1. What does the Commission state to be the proper objectives of IP law? Do you agree?
2. What is a principles based approach to IP law?
3. What principles does the Commission state are important for the IP system? Do you agree with the Commission’s view? Are there any other principles or interests that should be included?
4. How can IP laws be designed so that they can adapt to future change?
5. It is sometimes said that as intellectual property law evolved over many years through the dictates of pragmatism and practical necessity, theoretical frameworks have a limited role to play in explaining such laws. To what extent do you agree with this statement?
Different IP Law regimes in operation in Australia are patent, trade mark, registered designs, copyrights, plant breeder’s rights, other IP laws (like trade secrets, circuit layouts, etc)
Patent is statutory protection enacted under Patents Act 1903 (Cth). Trademark is a common law as well as statutory protection, provided under the Trade Marks Act 1995
