Allocating the Rights in Intellectual Property in Australian Universities: An Overview of Current Practices

1999 ◽  
Vol 27 (3) ◽  
pp. 421-470 ◽  
Author(s):  
Ann L Monotti
1995 ◽  
Vol 1 (4) ◽  
pp. 321-345 ◽  
Author(s):  
Philippa Gannon ◽  
Tom Guthrie ◽  
Graeme Laurie

This article examines the appropriateness of using existing patent laws in various jurisdictions in an effort to secure protection of the work currently being carried out on the Human Genome Project. Certain ethical and practical problems which arise from current practices in Europe, USA and Japan are explored. It is submitted that the nature of the problems are such that it might be appropriate to consider alternative means of rewarding those involved in unravelling human DNA. An attempt is made to outline some appropriate matters to consider in developing such an alternative.


2004 ◽  
Vol 9 (2) ◽  
pp. 759-774
Author(s):  
Tom Reid

Most Australian universities still uphold the tradition that an academic's work is performed for the greater public good, and that it is therefore necessary to donate back at least the copyright in the academic's scholarly work to the academic, so that the work may be freely disseminated. However, faced with tighter and tighter budgets, the same universities are increasingly turning to commercial partnerships to add to their revenue. The intellectual property created by academics in the course of their employment, if commercially exploited, is potentially a valuable source of revenue to the university. As a result, there is the prospect of growing conflict between academics and their universities over copyright ownership, and the erosion of the tradition of academic ownership of copyright in scholarly works. Simultaneously, the notion that an academic is paid for the whole of his or her time is being eroded by the trend toward sessional teaching. Nevertheless, the recent case Victoria University v Wilson illustrates that an academic can still owe fiduciary duties to his or her university capable of covering work performed outside the academic's scope of employment.


2019 ◽  
Vol 14 (1) ◽  
pp. 6-12 ◽  
Author(s):  
G. G. Omel’yanyuk ◽  
V. V. Gulevskaya ◽  
A. S. Savenko

Correlation of the concepts of the object of forensic intellectual property investigation and the object of intellectual property is contemplated. The attributes of these objects are analyzed, in particular the intangible nature of intellectual property objects and the tangible character of the objects of forensic intellectual property investigation. A distinction is made between the concepts of ‘intellectual property’, ‘industrial property’ and ‘intangible assets’. The proposed systematization of intellectual property objects for forensic purposes is based on current practices in court ordered forensic intellectual property investigations. The case is made for setting up a new species of forensic investigation in the system of the Russian Ministry of Justice, as well as four new forensic science specialties: (1) investigation of items covered by copyright and related rights, (2) investigation of objects of patent rights and unconventional objects, (3) investigation of brand identities, (4) valuation of intellectual property objects.


1993 ◽  
Vol 37 (1) ◽  
pp. 96-111 ◽  
Author(s):  
David Stockley

Government rhetoric and policies exhort Australian universities to be ‘productive’ and to build a ‘clever country’. Academic award restructuring is an important element in this re-shaping of Australian higher education, although the increasingly fashionable term ‘intellectual property’ enters higher education discourse and re-defines academic labour and the ways in which academics perceive themselves and their roles. It is argued that the term intellectual property carries within it a range of meanings extending beyond the legal world of patent and copyright and that this privatising and capitalising discourse has the capacity to transform universities. The individualising and formalising of academic labour goes against the tradition of university collegiality and, crucially, contradicts the processes by which ideas and skills are constituted within a university. Inappropriate intellectual property discourse has the potential to devalue university work by positing a model drawn from the world of the managerialists within the bureaucracy and private sector.


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