Videos and podcasts
The future of Indigenous Knowledge in the trade marks and designs systems
Patricia Adjei |Head of First Nations arts and culture, Australia Council for the Arts
Aideen Fitzgerald |Assistant Director, Indigenous Knowledge Project, IP Australia
Michael Handler |Professor and Head of School in the Faculty of Law & Justice at the University of New South Wales.
Rebecca Giblin | Director, Intellectual Property Research institute of Australia and ARC Future Fellow
Date: Friday 30 April 2021
Time: 1:00pm - 2:00pm
Where: Online webinar
Use of Aboriginal and Torres Strait Islander art, language and culture without consent can be offensive. Potential changes to the Australian trade marks and designs systems are being considered to ensure traditional owners and custodians benefit from, or have consented to use of their Indigenous Knowledge as the basis for rights. Join the panel for a discussion on options raised in the consultations and learn about the First Nations arts and cultural protocols for using cultural and intellectual property.
Patricia Adjei is a Wuthathi, Mabuiag Islander and Ghanaian woman from Sydney, Australia. Patricia has Bachelors of Arts and Law from the University of New South Wales. She currently works at the Australia Council for the Arts as the Head of First Nations arts and culture, providing strategic, policy and funding advice to First Nations artists and arts organisations in Australia. She is also a 2018 Churchill Fellow where she investigated the two national laws in Panama and the USA which protect Indigenous art and culture. She previously worked at the Copyright Agency as the Indigenous engagement manager and legal officer where she provided advice to Indigenous Australian artists and arts organisations on the resale royalty law, copyright and licensing queries. She served on the City of Sydney council’s, Aboriginal and Torres Strait Islander advisory panel and Moogahlin Performing Arts Board. In 2010, Patricia worked at the World Intellectual Property Organisation (WIPO) in Geneva as the Indigenous Intellectual Property Law Fellow. Patricia has also worked as a lawyer at the Arts Law Centre of Australia and National Indigenous TV. She is also a published author on Indigenous cultural intellectual property rights.
Aideen Fitzgerald is an Assistant Director, Indigenous Knowledge Project at IP Australia and works on policy reform to support First Nations peoples benefit from and protect their knowledge. Aideen has a background in international IP law having completed a Masters of Laws with the University of Turin, and representing the Australian Government at the World Intellectual Property Organisation Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore.
Michael Handler is a Professor and Head of School in the Faculty of Law & Justice at the University of New South Wales. Michael’s research focuses on national and international trade mark law.He is the co-author, with Professor Robert Burrell, of ‘Australian Trade Mark Law’, which is in its second edition and has become one of the leading texts on the topic. He has written numerous journal articles and book chapters on various aspects of trade mark law, in publications including the Trademark Reporter, the Modern Law Review, the Melbourne University Law Review, and the Federal Law Review. Michael is the chair of the Trade Marks Subcommittee of the Law Council of Australia’s IP Committee, and in that capacity has helped draft submissions to government law reform inquiries. He also acts on a pro bono basis in assisting IP Australia in its ongoing review of the Trade Marks Manual of Practice and Procedure.
Accessing Design Protection: The Future of the Registered Design Right in Australia
Michael Campbell | Assistant Director, Designs Reform, IP Australia
Rebecca Giblin | Assoc. Professor of Law, Melbourne Law School
Date: Thursday 12 November, 2020
Time: 1:00pm - 2:00pm
Where: Online webinar
IP Australia recently completed a year of research into the Australian design economy. This seminar summarises our key findings and outlines some of the initiatives we are now undertaking in response to those findings, as well as areas open for further exploration. In the short term, we are making changes to improve access to the online filing system and access to information and support to reduce barriers to design protection and commercialisation. Over the longer term, questions around the accessibility of the registered design rights system remain open. We are considering the scope of the design right in response to the question: is the design rights system working effectively for those who could benefit from it? This includes further exploring potential legislative changes such as expanding protection to virtual designs and parts of products, providing protections for designers as they iterate, and removing the two-step examination process in favour of substantive examination of all applications. This seminar provided an early opportunity to present these issues and gather valuable insights and feedback as IP Australia continues to investigate what role design rights can and should play in providing opportunities for businesses to benefit from good ideas.
Michael Campbell is an Assistant Director, Designs Reform at IP Australia and was the research coordinator for the recent designs review. He has a PhD from the Faculty of Arts and Design at the University of Canberra, where he previously worked as a Lecturer and Tutor. His co-authored article ‘Redesigning Designs: the Future of Design Protection in Australia’ appeared in the September 2020 issue of Intellectual Property Forum.
Rebecca Giblin is an Assoc. Professor of Law at Melbourne Law School, ARC Future Fellow and Director, Intellectual Property Research Institute of Australia (IPRIA). Rebecca is an expert on copyright, creators’ rights, technology regulation, the regulation of culture. She works collaboratively with data scientists, cultural economists and legal and social scholars to tackle complex problems that no single researcher or field could address alone.
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Characteristics of Successful Domain Name Disputes: what an empirical analysis of 470 auDRP decisions teaches
Professor Andrew Christie Melbourne Law School
Discussants:
Jürgen Bebber Corrs Chambers Westgarth
Sally Foreman Davies Collison Cave
Chair: Professor Sam Ricketson Melbourne Law School
Date: Monday 2 December, 2019
Where: Davies Collison Cave, Level 15, 1 Nicholson Street, Melbourne
This seminar was part of a series generously supported by IP Australia
The administrative procedure for resolving disputes about .au domain names that contain another’s trade mark, the auDRP, has been operating since the early 2000s. This seminar reported the results of a detailed quantitative study of every one of the 470 determinations made in the procedure’s first 15 years of operation. It identified the characteristics of each case and its decision-maker, and analysed which of those characteristics are associated with particular outcomes. The study provided statistically valid answers to questions such as whether the success rate of cases varies according to the nature of the IP right on which it is based, the service provider with which it is filed, and the panelist by whom it is decided.
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Bronwyn Bancroft and Colin Golvan AM QC
A discussion between Australian Indigenous artist Bronwyn Bancroft and Colin Golvan AM QC - discussing copyright protection in relation to her practice. This video was first shown during the following IPRIA seminar,
Where to from here? Fashion design law, technology and practice in Australia
Colin Golvan AM QC Victorian Bar
Alana Kushnir Lawyer and Curator, Director and Founder of Guest Work Agency
Brett Massey Assistant Director Domestic Policy & Legislation, IP Australia
Chair: Kwanghui Lim Associate Professor, Melbourne Business School
Date: Wednesday 13 November, 2019
Where: Melbourne Business School
Colin’s slides from this seminar are available here
This seminar was part of a series generously supported by IP Australia