This book provides a picture of how Australian intellectual property law has developed as a distinctly Australian body of law during the century since the country was established. The book takes a selection of key intellectual property law cases and tells their stories, situating each case in its historical, cultural, social or economic context, as well as providing factual details about, for example, the arguments made in each case and the evidence adduced. In part, the book offers a deeper legal analysis of the selected cases, many of which have been central to the framing of Australian intellectual property law. The book also provides a fuller sense of each case as revealing and influencing wider understandings and practices. Landmarks in Australian Intellectual Property Law is a valuable resource for teachers, researchers, practitioners and judges in Australia and throughout the common law world.
Andrew T. Kenyon is Professor in the Faculty of Law and Director of the Centre for Media and Communications Law at the University of Melbourne. Megan Richardson is Professor in the Faculty of Law and Deputy Director of the Centre for Media and Communications Law at the University of Melbourne. Sam Ricketson is Professor in the Faculty of Law at the University of Melbourne and practises at the Victorian Bar.
List of contributors; Table of cases; Table of statutes; Introduction; 1. Potter v Broken Hill: misuse of precedent in cross-border IP litigation Richard Garnett; 2. The Union Label case: an early Australian IP story Sam Ricketson; 3. RPM for RPM: National Phonograph Company of Australia v Menck Peter Heerey and Nicole Malone; 4. Horses and the law: the enduring legacy of Victoria Park Racing Jill McKeough; 5. We have never been modern: the High Court's decision in National Research Development Corporation v Commissioner of Patents Stephen Hubicki and Brad Sherman; 6. Of vice-chancellors and authors: UNSW v Moorhouse Sam Ricketson and David Catterns; 7. Foster v Mountford: cultural confidentiality in a changing Australia Christoph Antons; 8. Cadbury Schweppes v Pub Squash: what is all the fizz about? Mark Davison; 9. The Firmagroup case: trigger for designs law reform Janice Luck; 10. Larger than life in the Australian cinema: Pacific Dunlop v Hogan Megan Richardson; 11. O Fortuna! On the vagaries of litigation and the story of musical debasement in Australia Elizabeth Adeney; 12. The protection of At the Waterhole by John Bulun Bulun: Aboriginal art and the recognition of private and communal rights Colin Golvan; 13. The grapes of wrath: geographical indications, international trade and the Coonawarra case Matthew Rimmer; 14. Waiting for the 'Billy' (R) to boil: the Waltzing Matilda case Leanne Wiseman and Matthew Hall; 15. The Panel case Melissa de Zwart.