Intellectual property consists of the group of legislative and common law rights affording protection to creative and intellectual effort and includes laws on copyright, design, patent, circuit layouts, plant varieties, confidential information, trade mark and business reputation (passing off and trade practices). Intellectual property encompasses both industrial property (patent, design and trade mark) as well as intellectual property.
(From the Encyclopaedic Australian Legal Dictionary)
Start finding out more about Intellectual Property Law using LexisNexis Practical Guidance - Intellectual Property
Research at Monash
The Centre for Commercial Law and Regulatory Studies (CLARS) at Monash University Law School facilitates innovative research in commercial law, corporate governance and regulation.
Resources
Shanahan's Australian Law of Trade Marks and Passing Off by Publication Date: 7th ed, 2022
Australian Intellectual Property Law by Publication Date: 4th ed, 2020
Research Handbook on Intellectual Property and Digital Technologies by Publication Date: 2020
Research Handbook on Intellectual Property and Artificial Intelligence by Publication Date: 2022
Employment Law and Intellectual Property Law by Publication Date: 2018
Intellectual Property in Australia by Publication Date: 6th ed, 2018
LexisNexis Intellectual Property Collection by Publication Date: 2020
- CCH iKnowConnect Intellectual Property LawNavigate to 'Your practice areas' and select 'Intellectual property law' to view relevant commentary.
- Copyright and Designs (Lexis)James Lahore and Warwick A Rothnie
- The Law of Intellectual Property: Copyright, Designs and Confidential Information (Westlaw)Staniforth (Sam) Ricketson and Chris Creswell
- Patents, Trade Marks & Related Rights (Lexis)Ann Dufty and James Lahore
- Chisum on PatentsLoose-leaf, United States
- Intellectual Property Rights: Hong Kong SAR and People's Republic of ChinaLoose-leaf, Hong Kong, China
Remember to also check the Law databases
- Australasian Intellectual Property Law Library (AustLII)Decisions, treaties, journal articles and reports
- HeinOnline Intellectual Property Law CollectionContains a collection of resources for U.S. intellectual property, including a complete history of copyright laws from 1909 to date.
- SNIPER - Searchable Networked intellectual Property Electronic ResourceSNIPER provides information relating to IP Australia's core business areas, namely patents, trade marks and designs.
- UNESCO Collection of National Copyright LawsProvides access to national copyright and related rights legislation of UNESCO Member States (archive)
- WIPO LexSearch facility for national laws and treaties on intellectual property (IP) of WIPO, WTO and UN Members.
Some of the principal Australian legislation is below. For others, see the Lawlex database.
- Lawlex: Intellectual Property LawTo view Lawlex's collection of Intellectual Property Law, navigate to 'Browse Legislation' and select 'Intellectual Property' from the list of Practice Areas.
Use a case citator, CaseBase or Westlaw Australia (Cases) to find specific cases from Australian courts.
- Australian Intellectual Property Cases (CCH iKnowConnect)Navigate to 'Your practice areas' and select 'Intellectual property law' to view relevant cases.
- Fleet Street Reports (Westlaw)United Kingdom
- Reports of Patent Cases (Westlaw)United Kingdom
Below is a list of specialised IP law journals, however articles may be found in a wide range of journals.
- ALRC - Copyright and the Digital EconomyThe ALRC reported on 30 November 2013. The Final Report was tabled in Parliament on 13 February 2014.
Some of the major treaties are below. For treaties signed by Australia, see the Australian Treaties Library - Intellectual and Industrial Property (AustLII).
- WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional KnowledgeIn May 2024, WIPO member states adopted the first WIPO Treaty to address the interface between intellectual property, genetic resources and traditional knowledge. This is also the first WIPO Treaty to include provisions specifically for Indigenous Peoples as well as local communities.
- Indigenous Knowledges Attribution ToolkitWhen citing and referencing it is important to attribute Indigenous knowledge holders and peoples and attribute Indigenous knowledges used by non-Indigenous authors. The Indigenous Knowledges Attribution Toolkit includes a decision tree to provide guidance for assessing content and attribution and a referencing guide with examples.
- Copyright Law Review CommitteeA former committee established by the Attorney-General.
- World Intellectual Property Organization (WIPO)WIPO is one of the specialized agencies of the United Nations system of organizations. It administers 24 international treaties dealing with different aspects of intellectual property protection.