Unlocking IP conference - 18-19 November 2004New models for sharing and trading intellectual property
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Legal issues in opening and locking up content
Core legal issues in opening up and locking up content

In this session intellectual property lawyers Anne Flahvin and Ross McLean will explore core legal issues which impact on the way in which intellectual property can be used. These will include:

  • who actually owns valuable intellectual property - academic institution? academic? third party commercial collaborator? As recent litigation between a Victorian university and its academics illustrates, these questions are best considered before a dispute arises;
  • is contract law overtaking copyright as a means of "locking up" IP?
  • What is the status of the Copyright Law Review Committee (CLRC) Copyright and Contract inquiry?
  • what is the "public domain". How does copyright material enter the public domain, and what has been the impact of the Aus/US Free Trade Agreement on public domain works?

Anne Flahvin
Senior Associate, Baker & McKenzie

Link to materials

Anne Flahvin has handled several major copyright disputes before the Australian Courts. She has advised clients on copyright, and in particular copyright issues arising from digital technology and digital amendments to copyright law. Anne's practice also includes defamation litigation, and pre-publication advice for a range of media and publishing clients, including the Australian Broadcasting Corporation.

Prior to her legal career, Anne was a journalist, working on the Australian Financial Review, the Sydney Morning Herald and the National Times covering politics and finance. Anne has also had an academic career and continues to lecture regularly on copyright and media law. Anne is a member of the Copyright Society of Australia and is a Research Associate & Management Committee member of the Baker & McKenzie Cyberspace Law and Policy Centre.

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Ross McLean
Partner, Baker & McKenzie

Ross McLean joined Baker & McKenzie in 1986 and became a partner in 1991. He advises major brand owners, universities and manufacturers on contract and intellectual property protection issues, supply and procurement matters, technology licences, joint ventures and collaborations, and in trade practices law.  He co-ordinates the firm's pro bono work for Musica Viva Australia and the Benevolent Society and has been prominently involved in law reform in both the trade mark and copyright areas.

Ross has specific experience in advising universities on the development of online course materials and their commercialization in Australia and overseas.  He has also advised several universities on the protection and exploitation of copyright in course materials, staff claims to own or exploit, the impact of staff transfers to other universities, and the creation of works through collaboration with other institutions.

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Chair: Professor Jill McKeough,
UNSW Law Faculty

Jill McKeough is a Professor in the Faculty of Law, University of New South Wales. Jill was a member of the Ergas Committee (Intellectual Property Competition Review Committee) which reported to the Federal Government at the end of September 2000 and has published several books in the intellectual property and consumer protection areas and various articles on intellectual property matters. Within UNSW Jill McKeough has previously been Head of School (Law), Associate Dean for Undergraduate Students and Associate Dean (Postgraduate Coursework) and in 2004 was elected to the University of New South Wales Council. She has recently chaired a committee re-writing the UNSW IP Policy and also conducted a review of the role of Head of School and development of leadership within UNSW.

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click here for early bird rates details

The University of New South Wales
  Co-hosted by
Cyberspace Law and Policy Centre AEShareNer Net Working 2004