Therese Catanzariti 1

Ms Therese Catanzariti, Barrister Therese Catanzariti2 Chambers13 Wentworth Chambers 174 – 180 Phillip Street Sydney NSW 2000 Tel(02) Fax(02)

◦ Introduction of printing press = > rapid dissemination of ideas ◦ Tudor Dynasty introduce printing monopolies control publishing – publishers must be members of Stationers Company = > control sedition, heresy and treason ◦ 1641dismantling Stationers Company monopoly ◦ 1709 the Statute of Anne  grant rights to authors  authors could license to publishers / printers 11/3/09 Therese Catanzariti3

 Patents – Venetian statue 1474  Trade marks Bakers Marking Law Pat-a-cake, pat-a-cake baker's man Bake me a cake as fast as you can Prick it and pat it and mark it with a "b" And put it in the oven for Billy and me Therese Catanzariti4

 right to exclude  NOT exclusive right to possess  don’t “lose” IP if use without permission  User can still use the IP  lose potential profit  Is that theft?  IP legislation protects exploitation Therese Catanzariti 5

 Personal ◦ protect name / reputation ◦ Protect “spirit of personality” ◦ Reward – fruit of labour / Locke ◦ ”because it is just than an author should reap the pecuniary profits of his own ingenuity and labour” - Millar v Taylor per Mansfield LJ  Economic: ◦ Incentives to invent and create - protect creator / commercial investors investment ◦ Incentives to disclose  Market – based: ◦ Prevention of unfair competition What is worth copying is worth protecting ◦ Consumer protection – assurance of quality Therese Catanzariti6

 Sell, mortgage, licence, bequeth  Not absolute right  created and shaped by law  law gives … and law takes away  balances rights of creator v rights of public Therese Catanzariti7

 Using your IP as a product?  Copyright  Patent  Using your IP in connection with their products?  Trade mark / Passing Off / s18 ACL  Using your IP in creating their products?  Confidential information  Patents therese catanzariti 13 wentworth chambers

 51 Legislative powers of the Parliament The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to: … (xviii) copyrights, patents of inventions and designs, and trade marks; … Therese Catanzariti9

 Patents  Trade marks  Design  Copyright  Moral rights?  Anti-circumvention rights?  Circuit layouts?  Plant Variety Rights? Therese Catanzariti10

 Tort - Passing off  Misleading and deceptive conduct  Equity - Confidential information Therese Catanzariti11

Information that was never protectable Information that was protected but entered public domain when term of protection ends Information that may be protected but not protected because fail take steps to protect Therese Catanzariti 12

◦ technology – eg PVR ◦ lobbying ◦ government inquiries – “Raising the Bar” ◦ international obligations – US FTA ◦ case law – iinet v Roadshow Therese Catanzariti13

Overly strong IP protection = > excessive monopoly = > proprietary solutions Weak protection = > free-riding = > under-investment innovation / distribution Therese Catanzariti14

 Giovanni Bellini’s unpublished opera “La Sonnambula” (Sleepwalker)  Copyright therefore created in Milan  Assigned to Jefferys in England  What was assigned? ◦ Copyright created by statute BUT Statute of Anne only gave English authors copyright ◦ Italian property?  catalyst for international treaties – Berne Union 11/3/09 Therese Catanzariti15

 Berne Union – copyright works  Rome –broadcasts, sound recordings  Paris – patents, trade marks  WTO TRIPS  WIPO – world intellectual property organisation Therese Catanzariti16

 England ◦ Protect investment / publishers ◦ Low threshold ◦ What worth copying is worth protecting  Continental Europe ◦ Protect authors ◦ Higher threshold ◦ Literary / artistic merit Therese Catanzariti17

 Objectives  Art. 7  The protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations. 11/3/11 Therese Catanzariti 18

 Good for IP exporting countries  Protects the exploitation of their creation  Good for IP importing countries  Access to IP that producer would otherwise not allow access to because of risk of copying  Public Good??  Piratpartiet (Swedish Pirate Party)  Therese Catanzariti 19