Convergence, Coercion and Counterfeiting, Intellectual Property Rights Enforcement in The People's Republic of China

despite the presence of excellent laws on the books, the enforcement and protection of [intellectual property rights] in China fall well below that provided for in its domestic laws and mandated by those international agreements to which China is a party

Indigenous Knowledge and Culture in Australia — The Case for Sui Generis Legislation

This article makes the case for the implementation of sui generis legislation in Australia for the protection of Indigenous knowledge and culture. The article commences with a review of Australia’s historical engagement with the issue of protecting Indigenous knowledge and culture, and then considers Australia’s international obligations within this context. The article then provides an analysis of what has been implemented across Australia in response to its international obligations. The key issues regarding the protection of Indigenous knowledge and culture are considered together with an analysis of how international developments and domestic studies and reports are addressing those issues. Based on this experience, the authors argue for a sui generis legislative regime to protect Indigenous knowledge and culture in Australia

Intellectual Property Laws and Governance

Commercial law plays a large part in China's transition to its status as a major trading nation. This book contains chapters that focus on areas of the law pertinent to China's continuing economic development. It provides an analysis of the Five Year Plans and their effect on the development of and changes in commercial law. China is focused on developing its internal market and Commercial Law of the People's Republic of China provides an examination of a number of highly relevant topics, such as Company Law, Labour Law, Property Law, Intellectual Property Law, Consumer Law, Energy Law and Renewable Energy Law. Chapters on Tax Law, Competition Law and Policy, and Commercial Arbitration Law written by experts in their field provide an up-to-date and in-depth coverage of other important commercial law subjects. This book acknowledges that China's rapid development is affected by policy changes on issues such as urbanisation, the structure of the industrial sector and the environment. These changes and their effect on the national economy and the legal system are discussed in the book

Foreign Investment in China: The Cross Cultural Dilemma

Geographically, the Peoples Republic of China (PRC) is the worlds largest market, with a population of 1.3 billion people and an area about 9,600,000 square kilometres in the southeastern Eurasian continent. Since the `open door policy commenced in late 1978 China has been quite successful in attracting foreign direct investment (FDI) as a new economic power. Chinas need for capital, raw materials, high technology, and modern management skills has opened a range of opportunities for foreign investors. According to a world-renowned consulting company A T Kearney, the result from FDI Confidence Index Monda

The World Intellectual Property Organisation (WIPO)and the Intergovernmental Committee: Developments on Traditional Knowledge and Cultural Expressions

The past 20 years has seen Indigenous or traditional knowledge take centre stage in discourses on the conservation of biological diversity, sustainable socio-economic development and poverty alleviation in developing countries. It is these countries that contain the majority of mega-biologically diverse regions in the world with Australia being one of two exceptions to the rule. The utility of knowledge in the conservation and sustainable use of biological resources, held by traditional custodians of land, is specifically addressed in the Convention on Biological Diversity 1992 (CBD). Articles 8 (j), I 10 (C)2 and 18 (4)3 of the CBD recognise the significance of such traditional knowledge and custom. Equally, the need to "respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles" ,4 "encourage customary use"s and "methods of cooperation"6 are emphasised in the context of prior informed consent and mutually agreed terms with a view to the fair and equitable sharing of the benefits arising out of the utilisation of such knowledg

Protecting Australia's Trade Mark Interests through the Australia-China Free Trade Agreement

Intellectual property provisions and trade marks consideration in the proposed Australia-China Free Trade Agreement - significant implications for Australian interests

Applying the Delphi method as a research technique in tax law and policy

This article examines the Delphi method as a tool for legal research that can be used to facilitate transparent and informative policy-making in a variety of fields including tax policy. It points to strengths and limitations of the technique based on the findings of the Delphi study conducted to assist in the assessment of fiscal and more general market-based instruments (referred to in this article as carbon pricing instruments) that could be used to tackle climate change in Australia. Whether the Delphi method is utilised in empirical or theoretical legal research or in legal and policy decision-making, this article demonstrates the strength of the technique in providing transparent and justified results, which in turn reinforces the utility of the method as a legal research and/or decision-making tool

Blurring the Lines of Environmental Responsibility: How Corporate and Public Governance was Circumvented in the Ok Tedi Mining Limited Disaster

This paper will present the preliminary findings of a research project into the impact of legislative legitimation of environmental damage on corporate governance in multinational companies and on public governance in the nation state. The environmental devastation of the Ok Tedi mine in Papua New Guinea (PNG) will be the focus of the paper

Conserving Native Vegetation on Private Land: Subsidizing Sustainable Use of Biodiversity

TheConvention on Biological Diversity1992 (the Biodiversity Convention) has 13.01 asitsprimary objective the conservation ofbiological diversity;' Running a dose second is the objective of sustainable use of biological divcrsity.2 Simultaneous achievement ofsuch objectives often runs contrary to the desires ofJarge landowners in Australia, particularly when such landowners are engaged in primary production industries