Managing IP Disputes
Scope of rights
A key starting point in managing IP disputes is an understanding of the scope and limitations of IP protection – having regard to the available term of a right, the ambit of any monopoly and the defences which might be available.
A brief survey of some recent IP cases shows the breadth of the range of IP disputes and the way in which Courts are dealing with contemporary rights management issues.
In Telstra Corporation Ltd v. Phone Directories Company Pty Ltd  FCA 44 and  FCAFC 149, the Federal Court considered the issue of a claim of copyright protection in data bases generated by a computer, and held that such works were not protectable given they were not created by human authorship.
Your every waking hour
An admiring study of postwar reconstruction
What is it about wars and the military that produce so much innovation and capacity? This a big and bold book which takes the contemporary collective awareness of Australia's wartime efforts on the battlefield and reflects on the building of the country on the back of the victory in 1945. It also invites the question of how best we can address the imperatives of building social infrastructure.
1939 was a watershed year in a number of ways. As Stuart Macintyre explains, the nation was in continuing decline following the Depression of the late 1920s (with nine per cent unemployment), and was faced with yet another major war on top of the terrible losses in World War I. On the backing of Britain's declaration of support in the face of the threat from an expansionist Japan, Australia committed to assist in the defence of Britain and reluctantly entered yet another European war.
Arcadia (Sydney Theatre Company)
Many wonderful things have been written about this sprawling gem of a play since it was first staged in 1993. Two decades later, it still bamboozles, delights, and moves its audience in its uncompromising search for meaning in love and science. This was a production in genuine homage to one of the great plays of modern times.
All They Seem’d To Want
The Spinifex Art Project and Pissaro at the Art Gallery of South Australia and the Gweagal Shield in the British Museum Collection of Aboriginal artefacts at the National Museum of Australia, Canberra.
Letter from Tel Aviv
Tel Aviv and I go back a few decades. I lived there in the early 1980s, working as a journalist. I fell in love with it then and my romance with the city endures. It is not because it is beautiful or historic (it is barely 100 years old), though the area does have a timeless and much-recorded pre-history. Tel Aviv is badly planned, and many of the buildings are ramshackle and as tenuous as the shifting sands on which the city is built. It is famous for its Bauhaus-style buildings, but many of them are in desperate need of repair. In more recent times, the skyline has been dotted with modernist high-rise tenements and office buildings. They give the city a cold and anonymous edge.
Excursions in the Law
What’s on a judge’s mind? Litigants and advocates would love to know. Former judge Peter Heerey answers that question in his latest book, a compendium of writing over many years, covering a vast array of topics and in myriad forms.
Odyssey in the desert
Odyssey in the desert
Behind the Doors: An art history from Yuendumu
The painting of the Yuendumu doors in 1984 by Warlpiri artists, whose country is north-west of Alice Springs, represented an extraordinary moment in Australian art and modern art generally. In the 1980s some Aboriginal elders painted the doors in the Yuendumu School building to prompt students to show respect for their school and as a marker of their culture. It was the first time that they had painted using acrylics (not ochres), in colours never before used, to record the major stories of their community.
Dealing with barristers - A symbiotic relationship
For many solicitors, dealing with barristers must be frustrating. You spend time preparing a case, which is taken from you, and possibly run in ways you had not imagined. Why would you do this to yourself?
The idea of solicitors retaining barristers to argue their clients’ cases might initially at least seem perverse. However there are a number of practical reasons for doing this.
Tottenham Court Road Tube Station – A Romance With Intrigue
London in January. An unforgiving place for a young fellow from
Melbourne on his own.
You can ignore, living in our paradise in the south, how hard and disinterested the world can be, especially with the sun setting on dark and dreary days in London at 4pm or thereabouts.
Of course, it’s the greatest place with a little spare change in the pocket, which I didn’t have.
It is Saturday morning in Russell Square, and Chelsea is playing Liverpool at Stamford Bridge.
Football, the beautiful game, on which I was reared by a migrant father who had thrown up the shutters on all the Australian games - which were either too violent or too boring, or too many rules or not enough.