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New overview for IP lawyers

The book was launched in May at the Federal Court. Photo: Supplied

West End Barrister Dimitrios Eliades is one of the authors of Intellectual Property: Principles and Practice, which was launched at the Federal Court in May. Their Honours Greenwood and Collier JJ made introductory remarks on the book.

Dr Eliades took some time out to answer some of Proctor’s questions about the new text.

What are the main issues facing IP lawyers?

The issues facing lawyers will differ according to their level of expertise in intellectual property law. 

For lawyers in general commercial practice, it is essential to have a well-grounded understanding of the various forms of IP and their relationship to each other, so they can assist their clients to strategically identify, protect and manage their IP rights.

Generalist lawyers need to be able to consider the range of IP rights that may be relevant in a particular context and be aware of steps that need to be proactively taken to ensure that rights are not inadvertently lost. For example, in drafting sale of business contracts, commercial lawyers need to take into account not only the tangible assets but also the intangible IP assets (such as registered or unregistered trade marks, copyright in architectural plans or medical records) which may be the business’s most valuable assets.

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Likewise, where a trade mark logo has been commissioned, it will be necessary to consider not only the rights in the trade mark but also ownership of the copyright in the drawing of the logo as an artistic work.

In this situation, failure to obtain an assignment of copyright in the drawing from the artist to the owner of the trade mark may result in transfer of the business assets being impeded or delayed while the copyright assignment is negotiated.

In particular, when dealing with potentially valuable patent or design rights it is important to recognise that referrals should be made expeditiously to patent attorneys to ensure that appropriate applications are drafted and filed.

For experienced intellectual property lawyers, challenges arise from the need to remain current with case law and legislative developments in response to ongoing developments in technologies and business practices.

At present, difficult questions are being raised about the impact of AI (artificial intelligence) on patent and copyright laws, while advances in genetic and computer technologies continue to confront courts and legislatures.

Is this your first book?

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This is the first book on which all three of the authors have collaborated, although each of us has an extensive record of publications on intellectual property law. Dr Anne Fitzgerald and I co-authored Introduction to Intellectual Property and the Intellectual Property Nutshell (Thomson Reuters, Sydney, 2015).

Dr Rami Olwan’s publications focus on international intellectual property law and policy, including Intellectual Property and Development: Theory and Practice (Springer, Berlin, 2013).  Each of the authors has also engaged in a range of collaborative intellectual property research, teaching and publication projects such as WIPO (World Intellectual Property Organisation) IP Masters programs in Australia and overseas.   

Why did you decide to publish?

In the course of our professional and academic work, we formed the view there was a need for a book which provides a comprehensive overview of the field of intellectual property law, presented in a style and format that opens up this important area to a broad readership. We wanted to produce a text that is relevant and useful for generalist and specialist lawyers and business advisers as well as law and business students.

The Introduction to Intellectual Property book (Fitzgerald and Eliades) published in 2015 was very well received, so in developing Intellectual Property: Principles and Practice, it was decided to continue to adopt the same approach but to extend the scope and to provide a more detailed treatment of selected key areas.  

Central to our approach is providing a clear, succinct framework of the fundamental principles of each of the forms of intellectual property, as the basis for guiding readers towards a practical understanding of the application of the principles in a practical context. This principles-based approach provides accessibility to what is often seen as a conceptually complex area of law. 

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Building on the principles framework, more detailed discussion is included on specific topics, for example the patentability of IT and biotech inventions and exceptions to copyright protection.  To achieve a comprehensive overview of the intellectual property system, the book includes material on areas which are often overlooked, such as plant breeders’ rights and geographical indications, as well as specific chapters on the international context of IP, indigenous knowledge, and management and commercialisation of IP rights.

What are you hoping readers take away from the book?

The authors see this book as being a useful resource for legal practitioners, intellectual property professionals (patent and trademark attorneys), in-house counsel and business and management professionals who require a working knowledge of the fundamentals of the intellectual property system. 

The book will also be directly relevant for undergraduate and postgraduate law and business students studying intellectual property law or as a component of a more general property law, business law, technology law or technology commercialisation subject.

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