Kimberlee Weatherall, ‘The Emergence and Development of Intellectual Property Law in Australia and New Zealand’

Abstract:
This paper provides an overview of the history of intellectual property laws in Australia and New Zealand, and directions into existing and emerging scholarship in this area. It discusses the swings and roundabouts of convergence and divergence in copyright, patent and trade mark legislation and caselaw as between these two former British colonies and the ‘mother country’. The picture is one of early colonial experimentation, followed by a long period of closely mirroring UK reforms. The late 20th Century saw both countries developing more distinctive IP laws – diverging on a range of fundamental questions. In the 21st Century, trade policy – trans-Tasman and global – has created pressures for convergence, but these siblings have grown apart, more perhaps than many realise, so there will be considerable resistance to any unifying projects. The different trajectories in how IP and indigenous cultural and knowledge systems interface in Australia and New Zealand are also discussed.

Weatherall, Kimberlee G, The Emergence and Development of Intellectual Property Law in Australia and New Zealand (August 10, 2016). The Oxford Handbook of Intellectual Property Law, R Dreyfuss, J Pila, eds, Oxford University Press, UK, forthcoming; Sydney Law School Research Paper No 16/68.

First posted 2016-08-13 08:35:28

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