An empirical study of 56 cases from 19 jurisdictions dealing with a paradigmatic instance of ubiquitous infringement – cross-border online infringement of intellectual property (IP) rights – shows that the typical case will:• involve a local plaintiff suing a foreign defendant for a...

There exists, in some countries, a patent attorney privilege. This privilege allows an actual or potential holder of patent rights to withhold from a court communications that it has had with its patent attorney. The privilege is not recognised in all jurisdictions and there is variation in the...

Patent opposition allows third parties, such as competitors, suppliers, or customers of the patentee, to raise arguments and provide evidence of invalidity to the Patent Office, prior to the patent being finally granted. As a procedure, it has two key objectives acknowledged by courts and...

The issue of private copying and its implications for copyright owners is not new, and suggested resolutions of the conflicting interests at stake are varied. One such resolution is the implementation of statutory licence and levy schemes. This short paper examines a paradox about these schemes....

Judged against its objective of providing an alternative to litigation in national courts for resolving domain name disputes, the ICANN Uniform Domain-Name Dispute-Resolution Policy (UDRP) has proved a phenomenal success. This chapter analyses the reasons for, and the consequences of that...

Australia, like most countries, faces high and rapidly-rising drug costs. There are longstanding concerns about pharmaceutical companies inappropriately extending their monopoly position by “evergreening” blockbuster drugs, through misuse of the patent system. There is, however, very little...

This article provides a introductory consideration of the extent to which the domain name dispute resolution system of the Internet Corporation for Assigned Names and Numbers ("ICANN") - which implements and enforces the ICANN Uniform Domain Name Dispute Resolution Policy ("UDRP") - provides a...

In an earlier study we analysed how the United States Patent and Trade Mark Office, the European Patent Office and the Japan Patent Office (jointly referred to as the 'Trilateral Offices' or TOs) assessed reach-through patent claims in biotechnology, under the requirements of 'utility', 'written...

In just over a decade, the international system for mandatory arbitration of domain name disputes has disposed of more than 30,000 disputes, between parties from more than 150 countries, in short timeframes and at low cost. Despite the absence of an appellate body and a doctrine of stare...

The copyright legislation of common law countries is marked by great length, detail and complexity. The hallmarks of complexity are multiple protected subject matters, in respect of which multiple exclusive rights are granted, and to which multiple exceptions apply. This article continues an...