Annual Report

2003/2004

ipria

Inte

llect

ual

Pro

per

ty

Res

earc

h In

stitu

te o

f A

ustr

alia

WHAT IS ipria? 2

DIRECTOR'S REPORT 4

RESEARCH 6

INVESTMENT & CREATION 8

TRENDS IN INTELLECTUAL PROPERTY 9

AUSTRALIA'S INNOVATIVE CAPACITY 10

MANAGEMENT & COMMERCIALISATION 12

MANAGING INTELLECTUAL CAPITAL 13

COMMERCIALISATION STRATEGIES FOR INTELLECTUAL PROPERTY 14

LAW & REFORM 16

LIMITATIONS OF INTELLECTUAL PROPERTY RIGHTS 17

INTELLECTUAL PROPERTY AND INDIGENOUS RIGHTS 18

INTERNATIONAL TRADE AGREEMENTS AND INTELLECTUAL PROPERTY 20

RESOURCES 22

FINANCIAL 24

HUMAN 24

PEOPLE 25

STAFF 25

ADVISORY BOARD 33

INTERNATIONAL BOARD OF ASSESSORS 33

VISITING FELLOWS 33

OUTPUT 34

EVENTS 34

PUBLICATIONS 35

CO

NTE

NTS

1

ipria annual report 2003/20042

WH

AT IS

ipri

a?

3

ipria's mission is to advance the interests of its Australian stakeholders:

• by undertaking interdisciplinaryresearch of the highest quality intoissues involving intellectual propertythat have actual or potential impact;and,

• by using the outcomes of itsresearch to influence the development of policy and thebehaviour of the Commonwealthand State Governments; businessand industry; the professions; andother intellectual property users and creators.

ipria is the Intellectual PropertyResearch Institute of Australia, a multidisciplinary national research centre. The Institute was established in2002 as part of the FederalGovernment's $3 billion InnovationStatement, Backing Australia's Ability.Additional funding has also been provided by the University of Melbourneand the Victorian State Government.

ipria conducts high quality researchwith the aim of providing world-class information and analysis on the operationand impact of intellectual property (IP)systems. The objectives of its researchare to:

• support the development of world'sbest practice public policy in relationto issues associated with the creation,protection, management, exploitationand enforcement of intellectual propertyrights;

• provide insights which improve the ability of businesses, researchinstitutions and other users of the IPsystem to protect, manage andexploit intellectual property; and

• contribute to the ongoing publicdebate in Australia about intellectualproperty issues and related matters,including innovation policy, economicgrowth, and the public domain.

To achieve these aims ipria's researchagenda addresses issues which ariseacross the whole of the innovation cyclefrom intellectual property creationthrough to marketable product. In addition, ipria has specific interests inthe enforcement and reform of intellectual property law and how theseactivities impact on both commercialand public interests.

These issues are examined from theperspectives of the economics, management and law disciplines. The concentration of multidisciplinaryexpertise on the management, valuation,transmission and protection of intellectualproperty enable ipria to provide uniqueinsights into the current and potentialimpacts of intellectual property onAustralian economy and society.

ipria has taken a proactive approach todissemination of its results to ensurethat the creators and users of theAustralian intellectual property system(governments, the legal and intellectualproperty professions, research institutions,small and large businesses, industryassociations, and individuals) are in aposition to use the intellectual propertysystem to their advantage. Strategiesused to achieve these outcomesinvolve:

• contributing to the law reform debatein Australia through the provision of submissions based on objectiveresearch and analysis;

• actively promoting the discussion of research findings on the protection, management and exploitation of intellectual property and its significanceto Australia's economic and socialwell-being; and

• raising awareness of the importanceof intellectual property and disciplines related to its protection, managementand exploitation.

This report details only a small selectionof the projects, publications, seminarsand submissions undertaken by theInstitute this year. Those readers seekingfurther information will find it on ipria'swebsite at www.ipria.org.

Economics

Creation

Reform

Investment

Management

Enforcement

Commercialisation

Management

Law

During its second year of operation, ipria has established itself as an internationallyrecognised hub of research, discussion and debate relating to the operation,exploitation and optimisation of national intellectual property systems.

Both as an institution and through the individual efforts of its researchers, ipria hasplayed an active role in increasing Australians' understanding of the importance andpotential impacts of the intellectual property system on economic prosperity and cultural well being.

We have demonstrated our responsiveness to the immediate needs of our stakeholders as issues of national significance arise, while still demonstrating an ability to continuously develop and disseminate the results of our ongoingresearch agenda.

The past year has seen Australia grapple with a number of significant issues relatedto the intellectual property system's role in driving economic growth and quality of life.

Perhaps two of the most significant, in terms of potential impact on the economy, arethe Australian-US Free Trade Agreement (AUSFTA) and the development of the nextgeneration Commonwealth innovation policy, Backing Australia's Ability 2. ipria hasmade, and continues to make, significant contributions to these topical areas ofintellectual property related debate.

The AUSFTA has been highly controversial since its announcement in early 2004. This trade agreement raises significant issues in relation to enforcement ofintellectual property, and protection of the national interest where Australian interestsdiverge from those of its trading partners. Failure to correctly manage the intellectualproperty provisions of this and future trade agreements could have a negativeimpact on Australia's ability to increase its competitiveness and maintain its highstandard of living.

ipria has been actively involved in the policy debate surrounding the implementationof the AUSFTA. ipria staff have made influential submissions to government, participated in roundtables, and hosted seminars and workshops to disseminateinformation about potential issues arising from the implementation of the AUSFTA.

The relevance of ipria's contribution to this public debate is supported by the citation of its submissions to government and significant coverage in the media. Theexperience has also resulted in the generation of new research projects. These projects target relevant intellectual property-related issues that will need to be considered in relation to future international agreements.

The development of Backing Australia's Ability 2 involved an examination of the pastand current performance of Australia's national innovation system and policies. ipriacontributed directly to this evaluation of Australia's innovative capacity though theprovision of commissioned work, and involvement in government-lead workshops.We also put effort into the dissemination of the results of our core projects in the areaof national innovation systems to raise awareness of the importance of this policyagenda amongst a broader audience.

Participation in these areas of topical significance has run parallel to efforts in ourcore research program. ipria received significant media coverage of its R&D and IPScoreboard, which ranks key indicators of intellectual property system use by organisations. These rankings provide an indication of future market advantage andorganisational sustainability.

4

Dire

ctor

’s R

epor

t

This year also saw the Australian Law Reform Commission adopt suggestions put forward in the Institute's submission to the inquiry on gene patenting. ipria also playedan active role with the Advisory Council on Intellectual Property through involvementin working groups covering areas such as patents and experimental use, trade marks’enforcement and the implications of the exclusion of plant and animals from the innovation patent.

ipria has continued to host significant events, attracting a high level of interest fromall interest groups. We have also made good progress on the dissemination andcross-fertilisation of ideas through the publication of working papers and reports,responding to invitations to deliver papers at national and international conferencesand seminars, and the making of submissions to other government inquiries.

2003/04 was also a successful year in terms of traditional academic measures, suchas invitations to present work at leading international conferences, publication of workin leading international journals, the winning of important tendered research contracts,and substantial success in the Australian Research Council funding rounds. I wouldlike to take this opportunity to congratulate our researchers on their successes in thisregard.

After two years building the broad range of expertise required to deliver the Institute'soriginal charter, we look forward to 2004/2005 as a year that will provide more opportunities to respond to the growing interest in our work. ipria can now take anincreasingly interactive approach to public debates about the myriad of ways theintellectual property system impacts on the lives of Australians.

Professor Andrew Christie

Director, ipria

Davies Collison Cave Chair of Intellectual Property

The University of Melbourne

5

66 ipria annual report 2003/2004

RESEARCH

7

SEARCH

ipria annual report 2003/20048

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Trends In Intellectual Property

An o

vera

ll pi

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inte

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ses

that

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and

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an b

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ProjectsUnderstanding Recent Patterns ofTrade Marking Activity in Australia

Dr Elizabeth Webster and Dr Paul Jensen

The objective of this project is to determinewhether the trends in recent patterns ofAustralian trademarking activity can beexplained by substantial changes in theeconomy or changes to the operation ofthe intellectual property system. Recentevidence suggests that the level of international trade mark activity increaseddramatically in the 1990s. However, it isunclear whether this rapid growth hascontinued in the first few years of the21st century. Initial work undertaken has examined these trends, with workcontinuing on the analysis of the underlyingcauses of these changes.

Forecasting Patent and Trade MarkApplications and Renewals

Dr Peter Summers and Dr MichaelChua (Melbourne Institute of AppliedEconomic and Social Research)

This project identifies the factors mostlikely to influence fluctuations in the patentand trade mark application and renewalprocesses. This identification will facilitateinformed decision making by policy-makers and business developmentstrategists. First, the project developsimproved methods for forecasting initialpatent applications and renewals, andanalyses the link between the two.Secondly, the research supplementsexisting forecasting models for trademark applications, with explicit modellingof seasonality and other monthly factors.Finally, the project aims to produce estimates of the price elasticity of demandfor trade mark applications. This projectcan be used in conjunction with the outcomes of other projects to providemore detailed information to policy makersand companies. This information willenable improved strategic planning.

PublicationsPaul H Jensen and ElizabethWebster, Patterns of TrademarkingActivity in Australia, Working PaperNo.03/04 (March 2004).

Recent evidence suggests that the levelof international trade mark activitychanged dramatically in the 1990s. In Australia, for example, trade mark registrations as a proportion of GDPmore than doubled. However, it is notclear whether this rapid growth continued in the first few years of the21st century. If so, what explanationscan be provided for this continuingtrend? This paper seeks to answerthese questions.

EventsTrade Marks in the FutureConference, Professor ThomasMcCarthy, University of San Francisco School of Law; Dr George Beaton, MelbourneBusiness School; Dr Mark Davison,Monash University; Mr BruceDrinkwater, Southcorp Wines; Ms Susan Farquhar, IP Australia; Dr Owen Morgan ipria; Dr Peter Tucker, IP Australia; 26 September 2003, Melbourne.

10

Australia's InnovativeCapacity

ProjectsNational Innovative Capacity

Professor Joshua Gans, ProfessorScott Stern (Northwestern University),Mr Richard Hayes and AssociateProfessor Mark Crosby (MelbourneBusiness School)

This project aims to provide measuresfor the Australian Innovation System thatcan be used to improve Australia's competitiveness. The project initiallyfocused on applying and updating the Porter-Stern innovative capacitymethodology. This part of the projectexamined various measures, includingR&D expenditures, labour devoted toresearch, university indicators, the strengthof intellectual property protection, andvarious measures of market openness.The project will now seek to determinemeasures which would appropriatelysupplement this approach providing amore complete picture of the innovationsystem and how to optimise its performance. This project’s output willprovide information to governments abouttrade-offs in innovation policy in additionto provision of a measure of Australia'sperformance relative to itself (in the past)and other countries.

R&D and Intellectual PropertyScoreboard

Dr Alfons Palangkaraya

The R&D and Intellectual PropertyScoreboard aims to encourage Australianbusinesses and organisations to adoptinnovation as part of their strategy forgrowth by raising the profile of activitiesthat generate intellectual capital througha series of annual Top 50 rankings.Since its inception in 1998, the reporthas received considerable coverage inmajor business press. The Scoreboardprovides information on Australia's mostinnovative firms, the level and intensity ofintellectual property applications andR&D expenditure, and intensity ranks forparent companies. This project will continue to develop and publish theR&D and Intellectual Property Scoreboardreport, including the ipria-MelbourneInstitute Innovation Index. Future developments are likely to include amore detailed analysis of the rankingfrom the perspective of listed companiesas is the case with the Scoreboard's UK

counterpart. In 2004 the Scoreboardwas launched at the Australian IndustryGroup's National Forum by the FederalMinister for Industry, Tourism andResources.

PublicationsPaul H Jensen and ElizabethWebster, Examining Biases inMeasures of Firm Innovation,Working Paper No. 05/04 (June 2004)

This paper addresses the challenge offinding unbiased measures for the extentand type of innovation activity in firms. Itconsiders the predictions provided byindicators commonly used to quantifyinnovative services and their correlationto sample data provided by companies.The results suggest a positive correlationbetween indicators and innovative activity.However, the research also identifies thediffering biases of administrative andaccounting measures with respect tofirm size, industry sector and innovationtype. The biases identified contrast with the more homogeneous resultsobtained by survey measures and mustbe accounted for by those using administrative and accounting measuresto depict trends in innovative activity and reveal relationships between firmactivities.

Z.P. Matolcsy and Anne Wyatt, UsingPatent-Based Metrics to Understandthe Value of Companies, WorkingPaper No. 07/03 (September 2003)

The key results of this paper provide significant support for the concept thatinnovation conditions are significantlyassociated with market values of companies. This hypothesis was foundto be valid even after allowances weremade for specific industries, alternativeeconomic modelling specification, lifecycles of firms, and all sensitivity tests.The paper provides systemic evidenceon the association of market values andthree innovative conditions: technologicalpotential, appropriability, and innovationintensity. Further work has commencedon the extent to which these innovativeconditions are already used in analysts'forecasts.

Aust

ralia

's fu

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and

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tralia

's c

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11

EventsThe Value of Innovation: TheInteraction of Competition, R&D and IP, Dr Mark Rogers, OxfordIntellectual Property ResearchCentre; Dr Christine Greenhalgh,Oxford Intellectual PropertyResearch Centre; Dr ElizabethWebster; Dr Gregory R Smith,Director SciVentures Investment PtyLtd; 6 April 2004, Melbourne.

Research Contacts:

Professor Joshua GansJ.Gans@unimelb.edu.au

Dr Elizabeth Webstere.webster@unimelb.edu.au

ipria annual report 2003/200412

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LISA

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ProjectsIntellectual Capital Metrics

Dr Elizabeth Webster, Professor SirLaurie Hunter (University of GlasgowBusiness School), Dr Anne Wyatt(Department of Accounting)

This project aims to improve the understanding, management andmeasurement of intellectual capital byfirms. The research seeks to clarify: (i) the range of purposes for which firmsutilise intellectual capital; (ii) the valuationof intellectual capital; and (iii) the flow on implications for approaches to itsmeasurement. Consideration will also begiven to whether the industrial or organisational characteristics of theenterprise require different forms of intellectual capital categorisation and how these characteristics affect organisational performance.

Human Capital Configurations forKnowledge Creation

Dr Peter Cebon (Melbourne Business School)

This project aims to determine the impactof variations in capabilities of start-upfirms on a firm’s ability to generate intellectual property and transform thatintellectual property into a marketableproduct. Start-ups in Australia use theintellectual property protection system whencreating and implementing commercial-isation strategies. Understanding thecommercialisation challenges start-upsface clarifies the role of the current intellectual property protection systemwithin the context of commercialisation.An examination of Australian case studieswill provide this understanding. Laterstages of the project will include multi-country comparisons.

PublicationsR. Mitch Casselman and DannySamson, Moving Beyond Tacit andExplicit: Four Dimensions ofKnowledge, Working Paper No.06/04 (June 2004)

Knowledge is the most important competitive advantage organisationshave. This paper answers the question“what is knowledge?” by returning to

first principles. The conclusions provide new insights into methods of knowledge management for improvedperformance.

Anne Wyatt & Margaret Abernethy,Framework for Measurement andReporting on Intangible Assets,Working Paper No. 12/03 (January2004)

This paper suggests an approach forthe development of a performancemanagement model for firms innovatingin the top tier of investment intensity.Competitive advantage in firms dependson the creation and management ofintellectual capital. This paper examinesthe treatment of intangible assets fromthe perspective of management needsand current financial accounting standards.The proposed performance managementmodel is capable of providing not onlythe incentive for a firm to develop itsintellectual capital stock, but also aframework for an information managementsystem capable of informing relevant external users, such as investors.

Anne Wyatt, Accounting forIntangible Assets: Theory andEvidence on the Influence ofTechnology and Property RightsRelated Conditions, Working PaperNo. 08/03 (September 2003)

This paper examines the economicdeterminants that influence decisions torecognise intangible assets in financialstatements. The research focuses onhow technology and property rights-related conditions affect the choice toreport intangible assets. The theory and evidence presented in this study provideinsights on several aspects of technologyand property right related factors associated with intangible asset reporting. The research also suggests apossible reason for the prevalent failureof researchers’ attempts to predict firmperformance based on financial statement information.

Managing Intellectual Capital

Inte

llect

ual p

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a k

ey c

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of i

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mea

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dva

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n ad

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of v

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perty

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13

ProjectsUncertain Intellectual PropertyRights and Start-UpCommercialisation Strategy

Professor Joshua Gans

This project aims to provide insights intothe effect of property rights, particularlyuncertain property rights, on the efficientoperation of markets for ideas. Theunderstanding of models of exploitationfor inventions pre- and post-patenting isof substantial significance to policy makersconcerned with the protection andexploitation of intellectual property. Theproject will examine the impact of the lagbetween patent application and patentgranting during which important trade inideas (e.g., licensing or other cooperativeagreements) can take place. At boththeoretical and empirical levels, it willattempt to identify and understand thedrivers of pre-patent licensing and its impacton Coasian bargaining (ie bargaining in conditions where all variables are understood by both parties).

Employees' Rights to Intellectual Property

Dr Owen Morgan and Ms Emily Hudson

The purpose of this project is to identifyand analyse legal issues surroundingemployees and their rights to the intellectual property that they create or towhich they have access in the workplace.These issues will be considered in the context of the creation and exploitation ofinnovative developments. The relevantareas of the law are patents, copyrightand confidential information. It is expectedthat, as the legal issues are identifiedand described, related economicissues will become apparent. This projectmay be expanded to include an examination of these issues. For example, an interesting economic issuearising in this context is the distribution ofwealth generated by innovative activities.Do employees get a 'fair share' of therent generated by their innovativeefforts? Recent evidence suggests thatinnovation does lead to an increase in employees' wages, but many economists have expressed concernthat this may weaken a firm's incentive toinvest in future innovative activities.

Factors Affecting the Use ofIntellectual Property Protection bySmall Medium Enterprises (SMEs) in Australia

Dr Owen Morgan, Dr ElizabethWebster, Professor Joshua Gans, Ms Kimberlee Weatherall, Mr MitchCasselman and Ms Elly Gay

This project aims to assist in the developmentof policies and programs to ensure thatSMEs make best use of the intellectualproperty system. Research was undertakento: (i) determine whether the level of intellectual property protection by AustralianSMEs was at sub-optimal levels; (ii) identifyany reasons for this; and (iii) ascertainthe areas for attention in policy development and program design anddelivery, to address any identified problems.

PublicationsNisvan Erkal, The Decision toPatent, Cumulative Innovation, andOptimal Policy, Working Paper No11/03 (December 2003, revisedMarch 2004)

This paper analyses optimal patent anddisclosure settings in an environmentwhere innovation is assumed to becumulative. The principles of the paperprovide assistance to policy makerswishing to optimise the integration ofintellectual property and competitionpolicy regimes. The findings indicatethat lack of disclosure can significantlydecrease investment in follow-on innovation. Such a decrease in investmentresults in less than optimal exploitationof knowledge. The assumption of thepaper is that the patent system has twogoals: one is to encourage R&D, andthe other to promote disclosure.Previous literature in this area hasfocused on the patent system only inthe context of the former goal. Theresults support the use of broad patentprotection as a means to encouragedisclosure, and the need for patent provisions to be integrated with anti-trustmechanisms to encourage collaborationand second round innovation.

CommercialisationStrategies for

Intellectual Property

The

finan

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suc

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of a

n id

ea d

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to

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ise

the

inno

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apita

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usin

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ce, h

uman

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mar

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and

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mer

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How

do

such

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ices

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oten

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finan

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retu

rn?

How

do

they

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cros

s in

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and

betw

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s?

And

wha

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the

role

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isat

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14

15

Research Contacts:

Professor Joshua GansJ.Gans@unimelb.edu.au

Dr Elizabeth Webstere.webster@unimelb.edu.au

ipria annual report 2003/200416

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17

Limitations of Intellectual

Property Rights

ProjectsThe Research Exemption in Patent Law

Mr Saba Elkman and Professor Andrew Christie

This project will consider what is, and whatshould be, the scope of the exemptionin Australian patent law from infringementby a research (or experimental) use of apatent. In particular, it will review andreconceptualise the jurisprudential basisfor a research exemption, and will also seek to produce guidelines forunderstanding when a research use of apatent should be considered non-infringing.The existence and nature of exemptionsfrom patent infringement determine thescope of the exclusive rights granted bya patent. The research exemption isarguably the most important, but theleast understood, of all the limitations onpatent rights. An understanding of thisexemption is critical to determiningwhether or not the patent legislation hasstruck the correct balance of interestsbetween original innovators and follow-onresearchers.

The Dynamic Effects of IntellectualProperty Practices

Professor Joshua Gans and Mr Richard Hayes

This project aims to examine the impactof intellectual property protection on thecompetitive dynamics of a “winner takesall” industry in terms of firm entry andlevels of innovation. This is important forpolicy makers and industry participantsinterested in understanding the effectsof intellectual property practices onfuture competitive structures and futurerates of innovation. The effect of theavailability of cooperative agreements,such as licensing options, will be examined and at a theoretical level theproject will attempt to model the competitive dynamic impacts of IP practices such as minimum inventivestep requirements and experimental useprovisions.

PublicationsJoshua S Gans and Stephen P King,Patent Length and the Timing ofInnovative Activity, Working PaperNo 07/04 (July 2004)

This paper challenges the standardresult in investigations of patent policy,that infinitely long lived, narrow patentsare the most desirable. The authors expandthe innovative environment to includetiming as an important choice, with theresult that patent breadth is demonstratedto be more important than length in theencouragement of socially optimal timing.This changes the conception of optimalapproach to patenting with regard to theencouragement of a greater number ofinventions.

Katerina Gaita and Andrew F ChristiePrinciple or Compromise?Understanding the Original ThinkingBehind Statutory Licence and LevySchemes for Private Copying,Working Paper No 04/04 (May 2004)

Digital technology has raised the issueof private copying - copying undertakenfor non-commercial, non-public use - as an important issue in relation to copy-right enforcement. A statutory licenceand levy is a possible solution to maintaining the rights of copyright owners and private copiers. This paperprovides an examination of the history,rationale and principles behind the firststatutory licence and levy scheme for private copying - that of Germany.German copyright law provides a pragmatic solution to balancing theauthor's right to recompense with thepublic's perceived entitlement toengage in private copying.

The

exis

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right

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to s

trike

the

right

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ance

bet

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k.

18

Owen J Morgan, Copyright, thePublic Interest and ContentRestrictions, Working Paper No.13/03 (December 2003)

The ownership and control of copyrightare critical to the exploitation of films,sound recordings, broadcasts andother facets of the entertainment industry.Owners of copyright should be concernedabout the extent to which their investmentis protected. An issue exists as towhether the content of works should bea factor in determining whether copy-right exists. This paper examines theissue from the perspective of film content,with a focus on whether the public interest justifies court decisions to refusecopyright.

EventsPublic Launch of Creative Commons(CC) Australia, Mr Tom CochraneDeputy Vice Chancellor QUT;Professor Brian Fitzgerald, Head ofLaw School, QUT; Mr Ian Oi, SpecialCounsel, Blake Dawson Waldron; 23March 2004, Melbourne.

The Strategic Use of Patents -Implications for Anti-Trust, ProfessorDaniel Rubinfeld, Robert L BridgesProfessor of Law and Professor ofEconomics, School of Law,University of California, Berkeley; 22 January 2004, Melbourne.

Copyright and the Culture of thePublic Domain: A Critical Analysis,Professor Hugh Hansen, FordhamUniversity School of Law; 14 August2003, Canberra; 19 August 2003,Sydney.

19

Intellectual Propertyand Indigenous Rights

ProjectOwnership of, Access to and Controlof Cultural Property held in CulturalInstitutions

Dr Owen Morgan, Ms Jane Anderson(AIATSIS), Ms Emily Hudson, MsEmma Caine

The project aims to develop protocolsand policies for cultural institutions holding Indigenous materials. This is acollaborative project between ipria andthe Australian Institute for Aboriginal andTorres Strait Islander Studies (AIATSIS).The major objectives of the project are: to understand the legal obligationsof cultural institutions (particularly as theyare shaped by intellectual property law); to investigate how AIATSIS manages cultural material; to identify thecircumstances that lead Indigenouspeople to make claims of ownership inrelation to cultural material; to develop anappreciation of how intellectual propertylaws are understood by Indigenouspeople; and, to identify the level andkinds of debates occurring in differentIndigenous communities regardingknowledge management.

Issues Relating to the Protection of Indigenous Signs

Dr Owen Morgan and Ms Emma Caine

This project extends the scope of theresearch undertaken by ipria into issuessurrounding intellectual property protectionof traditional knowledge and cultural-heritage. The project links two majorstrands of ipria legal research-trademarks and Indigenous cultural-heritageand aims to contribute to the developmentof trade marks policy and practice.While the right of Indigenous people toprevent unauthorized copying of artisticworks through copyright infringement iswidely supported, the situation inrespect of Indigenous signs (as the termis used in the Trade Marks Act 1995(Cth)) is less clear. This project builds onresearch undertaken by ipria in respectof the new trade marks legislation inNew Zealand. Special provision is nowmade in the Trade Marks Act 2002 (NZ)

to prohibit the registration of trade marksthat are offensive to Maori. The project willconsider the current law and practice inAustralia in relation to the registration ofIndigenous signs.

PublicationsOwen J Morgan ProtectingIndigenous Signs and Trade Marksunder the New Zealand Trade MarkAct, Working Paper No. 02/04(February 2004)

This paper examines how the law ofregistered trademarks in New Zealandprovides protection for a particularaspect of Indigenous knowledge andcultural heritage; namely, Indigenouswords, symbols and images whicharguably fall within the definition of”trade mark” or “sign” within the TradeMarks Act 2002 (NZ). The paper analysesthe New Zealand position - currently, themost radical approach to the protectionof Indigenous signs within the commonlaw world - in order to provide someinsights into similar issues faced inAustralia.

EventsIP, Traditional Knowledge andIndigenous Cultural Expressions,Andrew F Christie, AustralianInnovation Festival, 4 May 2004,Perth.

Trade Marks and Issues for Indigenous People, Owen J. Morgan, Desert Knowledge CRC, 16 October 2003, Alice Springs.

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ProjectInternational Developments inMeasures and Procedures for theEnforcement of Intellectual PropertyRights

Ms Kimberlee Weatherall and Mr Henry Mutai

The purpose of this project is to describeand analyse the proposals in theEuropean Union and other relevant international fora in light of the existing literature and case law, and to comparethese proposals with current Australianlaw. Previous proposals in Australia willalso be considered. This project providesan overview of the current situationwhich will assist policy makers to identifyand consider the importance of any differences between the existingAustralian position and internationaldevelopments.

Submissionsipria has been actively involved in the Australia-United States Free TradeAgreement process, hosting two consultations with the negotiators inMelbourne during the negotiations and after the final text was released.ipria researchers have also made their expertise available to the SenateSelect Committee and the Joint Standing Committee on Treaties, andhave been involved in further consulationswith stakeholders and governmentDepartments since the Agreement wasconcluded.

Submission to the Senate SelectCommittee on the Australia-UnitedStates Free Trade Agreement, 30 April2004.

Supplementary Submission to theSenate Select Committee on theAustralia-United States Free TradeAgreement, May 2004.

Submission to the Joint StandingCommittee on Treaties in relation to theAustralia-United States Free tradeAgreement, 13 April 2004.

EventsThe Free Trade Agreement andIntellectual Property - TheNegotiators Speak, Chris Creswell,Consultant, Copyright Law Branch,Attorney-General's Department;Martin Quinn Director, InternationalIntellectual Property Section, Officeof Trade Negotiations, Departmentof Foreign Affairs and Trade; JessicaWyers, Acting Director, Legislationand Policy Development Section,Business Development and StrategyGroup, IP Australia; 18 June 2004,Melbourne.

International Developments in IP -the view from Geneva, Dr FrancisGurry, Deputy Director, WIPO; 1 April 2004, Melbourne; 22 March2004, Wellington; 22 March 2004,Auckland.

Intellectual Property in the Australia-US Free Trade AgreementNegotiations, Kimberlee Weatherall,SNAPSHOT Conference, 21 October 2003.

Intellectual Property: Implications of the AUSFTA, KimberleeWeatherall, Australian ServicesRoundtable Seminar, 8 June 2004.

Research Contacts:

Professor Andrew Christiea.christie@unimelb.edu.au

Ms Kimberlee Weatherall k.weatherall@unimelb.edu.au

International TradeAgreements and

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20

21

ipria annual report 2003/2004

RESOURCES

22

23

OURCES

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Financialipria was established in 2002 with foundation funding from the Commonwealth ofAustralia through IP Australia, the University of Melbourne and the StateGovernment of Victoria.

As part of its Backing Australia's Ability innovation initiative, the Commonwealthgovernment will provide $4m over the five year period 2002-2006. During thesame period, the University of Melbourne will provide cash and in-kind contributionsof approximately $2m. The State Government of Victoria provided funding of$500,000 in the period 2002-2004. This foundation funding supports both theinfrastructure of ipria and a broad range of research and outreach activities conducted by it.

In addition to its foundation funding, ipria obtained financial resources fromresearch funding bodies and various stakeholders. These financial resourcessupport specific research projects. In the first two years of its operation, ipria'sresearchers have won funding in the vicinity of $500,000 from the AustralianResearch Council, and have been commissioned to undertake approximately$250,000 worth of research projects.

ipria produces audited income and expenditure statements. These are availablefrom its website at www.ipria.org.

Humanipria's primary resource is, of course, its people. ipria is blessed with excellentpersonnel, and can count among its staff and associates many outstandingresearchers of international repute.

The management and research leadership team of ipria comprises the Director,the Deputy Director and the three Associate Directors. They work with five full-timeResearch Fellows, and more than ten Researchers. The Executive Officer, theCommunications and Relations Manager, and the Administrative Assistant formthe administration team of the Institute.

In addition to its core research staff, ipria supports the work of, or collaborateswith, an impressive network of associated researchers. It has 30 ResearchAssociates, who are affiliated with leading universities in Australia, the UnitedKingdom and the United States. Five doctoral students are currently supervisedby Institute researchers.

ipria is assisted in achieving its mission by an Advisory Board and an InternationalBoard of Assessors. The Advisory Board's membership is drawn from industry,business, government, the professions, and the academy. The International Boardof Assessors contains leading intellectual property researchers from around theworld.

STAFF

DirectorProfessor Andrew Christie, BSc, LLB (Hons) (Melb), LLM (London), PhD (Cambridge)Andrew is an academic and professional lawyer specialising in intellectual property. He has particular expertise in the areas of copyright, patent and trade mark law asthey apply in the digital environment, and patent law as it applies to biotechnologicalinventions. Andrew is the Davies Collison Cave Chair of Intellectual Property in theLaw School at the University of Melbourne. He is also a member of the AdvisoryCouncil on Intellectual Property advising the Federal Minister for Industry, Tourismand Resources.

Deputy DirectorDr Owen Morgan, BEd Stud (Qld), BA, LLB (Hons), MJur (Auck), SJD (Melb)

Owen has a background in both industry and academia. He was a Senior Lecturerin Commercial Law at the University of Auckland, specialising in intellectual propertyand marketing law issues and has held senior positions in a number of corporationsincluding Lion Nathan Ltd and Rothmans of Pall Mall (NZ) Ltd. Owen's researchinterests include copyright law and trade mark law, particularly as they apply in theentertainment and marketing industries, and he is also interested in intellectualproperty as it applies to traditional knowledge.

Associate DirectorsProfessor Joshua Gans, BEcon (Hons) (Qld), PhD (Stanford)

Joshua is one of Australia's top industrial economists and a world leader in researchon innovation, licensing and the organisation of innovative activity. He is a Professorof Management (Information Economics) at Melbourne Business School. Joshuahas worked extensively on intellectual property issues in both Australia and the US,including the role of technology and intellectual property protection in economic growth, intellectual property issues associated with academic publishing,and choices associated with the commercialisation of ideas.

Kimberlee Weatherall, BA, LLB (Hons) (Syd), BCL (Oxford), LLM (Yale)

Kim is a lecturer in intellectual property and information technology law at the LawSchool at the University of Melbourne. She formerly taught at the University ofSydney and has practiced in intellectual property law. At ipria, Kim has recently hadsignificant involvement in issues concerning the US-Australia Free TradeAgreement, making submissions to and appearing before Joint Senate CommitteeOn Treaties and the Senate Select Committee on the Agreement as well as otherconsultations on these issues, particularly as they relate to digital copyright issues.She has appeared in a number of public fora on Australian-US Free TradeAgreement-related issues. Kim is also involved in several projects looking at intellectual property enforcement, in particular as it occurs through the courts.

Dr Elizabeth Webster, BEcon, MA (Monash), PhD (Cambridge)

Beth is an industrial and labour economist from the Melbourne Institute of AppliedEconomics and Social Research. She has conducted numerous research projectson the economics of innovation and intellectual property, as well as the implicationsof the growth of intellectual capital for the labour market. Her current research interests include the growth of intangible capital among firms, the economics ofpatents and trade marks, special issues associated with SMEs and the contributionof intellectual property toward the appropriation of innovation rents.

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Executive OfficerJean Molloy is responsible for the administration and finances of the Institute. Jeanwas previously Executive Assistant to the Dean of Law at the University of Melbournefor 5 years and Manager of the Department of Geography, University CollegeDublin, Ireland, for 4 years. She is currently undertaking a Bachelor of Arts (majoring in Criminology) at the University of Melbourne.

Communications and Relations ManagerLeanne McDonald is responsible for the oversight and management of the Institute'soutreach activities. This includes the facilitation of alliances and partnershipswith industry and governments and the development and ongoing implementationof the Institute's communication strategies. Prior to joining ipria, Leanne providedadvice to government, public sector research institutions and businesses on innovation policy and commercialisation practices through her work with theAustralian Institute for Commercialisation and the Victorian State Government.Leanne holds a Bachelor of Arts (Hons) and Graduate Diploma Public Policy fromthe Australian National University.

Research FellowsSaba Elkman, BA, LLB (Hons) (Melb), has practised as a solicitor at Allens ArthurRobinson, having undertaken his Articles of Clerkship in the Intellectual PropertyDepartment of Arthur Robinson & Hedderwicks. Saba has valued the opportunity topursue his interests in copyright law and patent law while working on ipria projectsrelating to private copying and the research exemption to patent infringementrespectively.

Emily Hudson joined ipria as a Research Fellow in November 2003. She completeda Bachelor of Science (Hons) and Bachelor of Laws (Hons) at the University ofMelbourne, including an honours year in the Department of Genetics. Prior to heremployment at ipria, Emily worked for three years at Minter Ellison Lawyers, jointlyappointed to the commercial disputes and intellectual property groups. Emily's primary research focus is with Dr Andrew Kenyon and Professor Andrew Christie inrelation to digital copyright and cultural institutions. Her other projects include resaleroyalties, intellectual property and employees and the joint ipria/AIATSIS project onIndigenous conceptions of intellectual property. Emily is currently studying part-timefor a Master of Laws at the University of Melbourne.

Dr Paul Jensen, Research Fellow, Melbourne Institute of Applied Economic andSocial Research. Paul joined ipria at the beginning of September 2003. Paul wasrecently awarded his PhD in economics, on the topic of the efficiency effects of outsourcing public-sector services, from the Australian Graduate School ofManagement in Sydney. His research has a strong public policy focus, and hasbeen published in academic journals such as the Oxford Review of Economic Policyand Public Performance & Management Review. In addition, he has acted as a consultant for the Productivity Commission, NSW Treasury, and the NSWDepartment of Community Services.

Dr Alfons Palangkaraya, Research Fellow, Melbourne Institute of AppliedEconomic and Social Research. Alfons has a PhD in Economics from OregonState University, specialising in Industrial Economics and International Trade. His current research focuses on empirical firm-level productivity analysis andknowledge spill-overs. He will participate in various research projects at ipria,including the R&D and Intellectual Property Scoreboard.

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Richard Hayes, Research Fellow, Melbourne Business School, the University ofMelbourne. Richard joined ipria in March 2004 after a stint with the VictorianDepartment of Treasury and Finance working on energy and industry policy and productivity research. He has returned to complete his PhD and pursue researchinterests including the drivers of national innovation rates, the economic design ofintellectual property reward systems and applied industrial organisation studies.Richard worked as a senior chemical engineer for Rio Tinto during the 1990s, providing business analysis support for Comalco's corporate planning process andleading feasibility studies for major aluminium projects. He has a Bachelor ofEngineering (Chemical) from the University of Sydney and an MBA with Distinctionfrom Melbourne Business School.

Research AssociatesProfessor Margaret Abernethy, BEcon (Hons), PhD, is Dean of the Faculty ofEconomics and Commerce and Professor of Accounting at the University ofMelbourne. She is a leading researcher in the field of Management Accounting. Herresearch over the past five years has included a number of studies in both the serviceand manufacturing sectors, such as the role of accounting in the management ofstrategic change in public hospitals; implementing clinical costing and budgetingsystems in hospitals; the relationship between manufacturing flexibility and thedesign of performance measurement systems; and the role of accounting and non-accounting forms of control in R&D organisations.

Dr Eran Binenbaum, is a lecturer at the School of Economics, the University ofAdelaide. His main area of research interest is economics of innovation, especially in the life sciences. This includes research policy, R&D networks, information flows, and intellectual property.

Associate Professor Mark Crosby, BEc Honours (Adelaide), MA, PhD (Queen's), isa Research Fellow, and Associate Professor of Economics, Melbourne BusinessSchool, the University of Melbourne. He took up his appointment with MelbourneBusiness School in 2003. Previously he was an academic economist at the University of Melbourne, the University of New South Wales, and at the Universityof Toronto. He has an active research agenda in the areas of internationalmacroeconomics, business cycle behaviour and political economy, and he haspublished widely in these fields. He is also a co-author on the principal intermediatemacroeconomics textbook used in Australia.

Dr Catherine de Fontenay, BA Hons (McGill) PhD (Stanford), is a Research Fellowand Senior Lecturer at both the Department of Economics and the MelbourneBusiness School, at the University of Melbourne.

Professor Peter Dawkins, BSc, PhD (Loughborough), MSc (University of London) isthe Ronald Henderson Professor and Director of the Melbourne Institute of AppliedEconomic and Social Research at the University of Melbourne. He has held thisposition since 1996. Prior to that he was Professor of Economics at Curtin Universityof Technology. He has recently been elected as a Fellow of the Academy of SocialSciences in Australia. His research has been primarily in labour economics, socialeconomics and industrial economics and he has published several books andmany articles in these areas.

Glenys Fraser, LLB (Hons) (Monash), BA, GradDipLaw (Com Law) (Monash), is presently working on ipria's survey of the outcomes of intellectual propertyenforcement actions in Australia. Glenys was a partner in a major Australian law firm for many years and is currently completing a graduate diploma in theBiotechnologies of Life in the School of Biomedical Sciences at Monash University.

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Professor Tim Fry, BA (Hons) (Kent), MA (Econ), PhD (Manchester), is Professor ofEconometrics in the School of Economics and Finance at the Royal MelbourneInstitute of Technology. He is a leading econometrician with expertise in applyingadvanced econometric techniques to a wide range of issues in economics andbusiness. One of his areas of expertise is using econometric techniques to estimatethe value of brand names.

Ms Frances Hanks, BA, LLB (Sydney), Solictor of the Supreme Court of NSW, is aSenior Fellow in the Law School at the University of Melbourne where she teachesand researches in competition law, and particularly in the interface between competition law and intellectual property. She is the author of numerous articles andchapters on competition law. She is a co-author of a book, Contractual Non-disclosure published by Longman, and of The benefits and costs of copyright: aneconomic perspective, a discussion paper published by the Centre for CopyrightStudies. Her current research is on the treatment of natural monopolies under theTrade Practices Act, and the treatment of barriers to entry in competition law proceedings. She is a member of the Trade Practices Committee of the Law Councilof Australia.

Melanie Howlett, BSC, LLB (Hons) (Melbourne) works at the law firm Baker &McKenzie in Melbourne. She has a Bachelor of Science and Bachelor of Laws(Honours) from the University of Melbourne with a science major in genetics andbiochemistry. In 2001, Melanie worked in the Human Genetics and Social Policygroup at the Centre of Public Law Research at the University of Montreal withProfessor Bartha Knoppers. She joined ipria when it started in 2002 and her mainresearch interest is patents in the field of biotechnology. She is currently collaborat-ing with Andrew Christie on an analysis of patent office examination practices withrespect to patenting partial DNA sequences.

Dr Dan Hunter, BSc LLB (Hons) (Monash) LLM (Melb) PhD (Cantab) is an AssistantProfessor of Legal Studies in the Wharton School at the University of Pennsylvaniaand a Senior Fellow in the Law School at the University of Melbourne. His expertiseis in the fields of cyberspace and internet law; artificial intelligence and cognitive science models of law; and electronic commerce regulation.

Dr Andrew Kenyon, PhD (Melb), LLM (Dist) (London), LLB (Hons) (Melb), is Directorof the Centre for Media and Communications Law in the Faculty of Law at theUniversity of Melbourne. He researches in comparative media law, especiallydefamation, free speech, and electronic media regulation. He also researches in artand law, particularly in copyright and the visual arts. These interests come togetherin his roles as editor of the refereed journal, Media and Arts Law Review, a Directorof the Arts Law Centre of Australia, and a National Council Member of MuseumsAustralia.

David Lindsay, BA, LLB (Syd), LLM (Melb), is a Senior Fellow in the Faculty of Lawat the University of Melbourne. He is the author of monographs and articles on internet law, intellectual property law, privacy law and telecommunications law and regulation. David lectures in electronic commerce law, privacy law and telecommunications law in the graduate program at the University of Melbourne. As part of his work for ipria, he is completing a book on domain name law and policy.

Janice Luck, LLB (Hons) (Tas), LLM (London), is a Senior Lecturer in the Faculty of Law at the University of Melbourne. Janice has been a member of a number ofgovernment committees on intellectual property law reform, including the WorkingParty to Review the Trade Marks Legislation and the Copyright Law ReviewCommittee. She is also a consultant with Phillips Fox, Melbourne.

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Professor Leon Mann, PhD (Yale), MA, FASSA, FAPS, is Director of the Centre forR&D Leadership and Professorial Fellow at the School of Behavioural Science. Leonwas formerly the Pratt Family Professor of Leadership and Decision Making atMelbourne Business School, the University of Melbourne. He has previously taughtat Harvard University (1968-70), the University of Sydney (1971) and FlindersUniversity (1972-1990) before taking up appointment at the University of Melbournein 1991. He is a co-author of the well-known book with Irving Janis, titled DecisionMaking: A Psychological Analysis of Conflict, Choice and Commitment.

Professor Sam Ricketson, BA, LLB (Melb), LLM, LLD (London), is a world authorityon intellectual property law. Sam is author of The Berne Convention for the Protection of Literary and Artistic Works: 1886-1986, a work that established him categorically on the international stage. He has held various academic appointments at the University of Melbourne from 1975 to 1991 and was appointedSir Keith Aickin Professor of Commercial Law at Monash University in 1991. Sam practises part-time at the Victorian Bar.

Dr Mark Rogers is a Senior Research Associate of the Oxford Intellectual PropertyResearch Centre and a Senior Fellow of the Melbourne Institute of AppliedEconomics and Social Research, the University of Melbourne.

Professor Danny Samson, BE (Hons), PhD (UNSW), is Professor of Management,Department of Management and Head of Department of Management of theFaculty of Economics and Commerce at the University of Melbourne. Danny haslectured at the University of New South Wales and the University of Illinois and hasalso acted as a consultant to numerous corporations.

Dr Peter Summers, BA, MA, MSc, PhD (Iowa), is a Senior Research Fellow andDeputy Director of the Centre for Business Cycle Analysis within the MelbourneInstitute of Applied Economics & Social Research. He built the Melbourne Institute'smacroeconomic forecasting model and most recently has been involved in forecasting patents in Australia. Peter's main research interests include empiricalmacroeconomics, Bayesian time series econometrics and the relationship betweentrade and economic growth.

Dr Anne Wyatt, BCom (Hons) (USQ), PhD (UTS), is a faculty member at theDepartment of Accounting and Business Information Systems at the University of Melbourne. Anne teaches financial accounting courses in the Masters ofInternational Business, Masters of Accounting, and undergraduate financialaccounting theory. She is an active researcher in financial reporting related areas andher areas of interest include financial reporting issues in relation to intangible investment and intellectual property, links between innovation and technology conditions and the financial reporting framework and practice, and financial analysts, responses to variations in financial reporting practice and firm followingincentives.

Professor Derek Bosworth, BA, MSc, PhD, is Professor of Economics at theManchester School of Management, UMIST, and Senior Research Associate of theOxford Intellectual Property Research Centre. His publications include IntellectualProperty Rights, Oxford, Pergamon, 1987 and R&D Statistics. His research in theintellectual property area includes projects funded by the ESRC, various governmentdepartments, including the DTI, as well as industry sponsorship. He was involved inestablishing the first Innovations Scoreboard in Australia, published by BusinessReview Weekly and edits the IP Forum Website.

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Dr Peter Cebon, SM (MIT) PhD (MIT) BE (Civil), Senior Lecturer Organisations and Innovation, Melbourne Business School, the University of Melbourne. Peter completed a masters degree in Technology and Policy and a Ph.D. in Managementat MIT, where he was awarded the Marvin E. Goody thesis prize and the KeilFellowship. He was also awarded a CSIA fellowship to work at Harvard University fortwo years. Prior to joining MBS in 1996, Peter worked at the Swiss Federal Institutefor Environmental Science and Technology, where he led a team of 50 scientists producing an interdisciplinary book examining global warming from aregional perspective, and researched innovation in transportation in response toglobal warming.

Professor Greg Clinch is Professor of Accounting at Melbourne Business School.He has been a professor or visiting professor at the Australian Graduate School ofManagement, London Business School, Wharton School at the University ofPennsylvania and the Stern School of Business at New York University. He has published extensively on using market measures to value tangible and intangibleassets.

Professor Peter Drahos, is a Research Fellow, RegNet, the Australian NationalUniversity. He holds degrees in law, politics, and philosophy. He has taught in theDepartment of Politics at the University of Adelaide and in the Law Faculty at theAustralian National University. For several years he was an Officer of the AustralianCommonwealth Attorney-General's Department where he drafted Commonwealthlegislation. Before joining RegNet for three years he was the Herchel Smith SeniorResearch Fellow in Intellectual Property in the Intellectual Property Unit in the Centrefor Commercial Law Studies, Queen Mary College, University of London.

Dr Nisvan Erkal, is a Lecturer in the Department of Economics at the University of Melbourne. She joined the department after completing her Ph.D. at the University of Maryland, College Park in 2002. Her main research areas include innovators' strategic patenting and disclosure incentives, and the anti-competitiveconsequences of technology transfer agreements.

Professor Brian Fitzgerald, Head of Law School at Queensland University ofTechnology holds postgraduate law degrees from Oxford University and HarvardUniversity. He is co-editor of one of Australia's leading texts on e-commerce, software and the internet - Going Digital 2000 - and has published articles on lawand the internet, technology law and intellectual property law in Australia, the UnitedStates, Europe and Japan.

Dr Christine Greenhalgh is the Economics Research Director of the OxfordIntellectual Property Research Centre. She is a Fellow and Tutor in Economics, St. Peter's College, and Reader in Economics, University of Oxford.

Professor Stephen King, BEc Hons (ANU) MEc (Monash) AM, PhD (Harvard), is aProfessor of Economics at the University of Melbourne, and a Commissioner withthe Australian Competition and Consumer Commission. Stephen has publishedwidely in leading journals such as Journal of Political Economy, Journal of IndustrialEconomics, European Economic Review, International Journal of IndustrialOrganisation and Journal of Economic Behaviour and Organisation. He is the editor of The Australian Economic Review.

Dr Warwick Rothnie, Barrister and Senior Fellow in the Faculty of Law at theUniversity of Melbourne, is a former partner of Mallesons Stephen Jaques,Solicitors. He is a member of the Copyright Law Review Committee, and is convenorof the Copyright Sub-Committee of the Law Council of Australia's IntellectualProperty Committee.

Rhonda Smith is currently a senior lecturer in the Department of Economics (half-time). She provides consulting services mainly in relation to trade practicesissues. Between 1995-1998, while on leave from the University of Melbourne, shewas a full-time Commissioner with the Australian Competition and ConsumerCommission. Between June 1999 and December 1999 she was an AssociateCommissioner. Rhonda is also a member of the Federal Government's CopyrightLaw Reform Committee for a period of four years from 1995.

Professor Scott Stern, BA (Economics), (NYU), PhD (Stanford), is AssociateProfessor in the Kellogg School of Management, Northwestern University, USA andFaculty Research Fellow of the US National Bureau of Economic Research (NBER).He is co-organiser of the Innovation Policy and Economy Program at NBER and anAssociate Editor of Management Science. Scott is actively researching how the production and distribution of ideas differs from more traditional economic goods,and the implications of this for both business and public policy.

ResearchersJason Bosland is a recent Arts/Law graduate from the University of Melbourne andis currently undertaking a Master of Intellectual Property Law. His research interestsinclude trade mark and copyright law, with a particular focus on critiquing the lawfrom a cultural studies perspective.

Emma Caine completed Bachelor of Arts and Bachelor of Law (Hons) degrees atthe University of Melbourne in 2000, majoring in English Literature within her Artsdegree. She completed her Articles of Clerkship at Allens Arthur Robinson in theCommercial Litigation Department.

Justine Clarke completed a Bachelor of Arts (Hons) and Bachelor of Laws at theUniversity of Melbourne. She undertook studies in Fine Arts for her Honours year.After completing the Practical Legal Training Course at the Leo Cussen Institute,Justine worked at Phillips Fox for three and a half years. She spent most of her timein the firm's Intellectual Property and Information Technology Group where sheworked on both contentious and non-contentious matters. In March 2004, she commenced a one year term as Associate to the Honourable Justice Sundberg ofthe Federal Court of Australia.

Xiangyun Lillian Hong completed a Bachelor of Laws degree with a major inInternational Business Law at Xiamen University, China and a Master of Lawsdegree at the University of Melbourne. Her Master degree focused on taxation andfinancial law.

Nitsa Karahalios completed a Bachelor of Arts and Bachelor of Laws (Hons)degrees at the University of Melbourne in 2001, majoring in English and Criminologywithin her Arts degree. In her final year of study, Nitsa was a member of the JessupMoot team and represented the University of Melbourne, Faculty of Law, at the competition in Canberra. Nitsa completed her Articles of Clerkship at SecombsSolicitors and then worked as a solicitor primarily in the firm’s Commercial LitigationDepartment.

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Amanda Lim is a scientist trained in the areas of molecular biology, biochemistryand microbiology. She completed her Bachelor of Science (Hons) at the Universityof Melbourne, with majors in biochemistry and microbiology. She undertook doctoratestudies at the Walter and Eliza Hall Institute of Medical Research/ University ofMelbourne and researched on resistance of human malaria parasite, Plasmodiumfalciparum, to antimalarials. Amanda was awarded a PhD in 1996. From 1996-1998,Amanda was a postdoctoral fellow at the Department of Biochemistry & MolecularBiology/University of Melbourne. From 1998-2000, she was a postdoctoral fellow atthe Institute of Molecular and Cell Biology (IMCB), a research institute affiliated withthe National University of Singapore. Amanda became a research associate at theIMCB in 2001.

Sarah Moritz has recently completed her Bachelor of Commerce, Bachelor of Lawsand Diploma of Modern Languages (German) degrees at the University ofMelbourne. She began working at ipria after returning from an exchange at theAlbert Ludwigs University in Freiburg, Germany.

Sally Pryor is an Arts/Law graduate from the Australian National University inCanberra. In 2000-2001, she completed a combined honours thesis in French andFilm Studies at McGill University in Montreal, Quebec, Canada. She also completeda Graduate Diploma in Legal Practice in 2003. Before moving to Melbourne in March2004, Sally worked as an entertainment and music writer for The Canberra Times,where she reported on the local entertainment industry and wrote a regular column.

Sophie Waller completed a Bachelor of Science (Genetics) and Bachelor of Laws(Hons) at Monash University. She completed articles at Minter Ellison Lawyers,and is now working at ipria as a Research Assistant while undertaking her Masterof Laws at the University of Melbourne. Due to her background in genetics, she has an interest in various aspects of intellectual property relating togenetics.

Henry Mutai has a Bachelor of Laws degree from the University of Nairobi and aMaster of Laws from Temple University in the U.S.A. Henry has also taught in the Faculty of Law, Moi University in Kenya for two years. His areas of interest areinternational trade law and intellectual property, in particular copyright. Henry is currently undertaking a PhD in the Faculty of Law, at the University of Melbourne,where his research is looking at the relationship between regional trade arrangements and the multilateral trading system.

Administrative StaffCelia Ujvari is the Institute's Administrative Assistant. Celia previously worked as theOffice Manager for an architectural company in London, England, and in various otheradministrative positions after performing for several years as a professional dancer.

Advisory Board

The Advisory Board represents the key stakeholders in ipria and reflects the range of interests and activities undertaken by the Institute. The current members are:

• Mr Hugh M Morgan AC (Chair)

• Mr Owen Malone, Vice President Intellectual Property, Fosters Group Ltd

• Professor Margaret Abernathy, Dean, Faculty of Economics and Commerce

• Ms Faye Burton, Executive Director, Office of Science and Technology, Departmentof Innovation, Industry and Regional Development, State Government of Victoria

• Professor Andrew Christie, Director ipria

• Professor Michael Commelin, Dean, Faculty of Law, the University of Melbourne

• Professor Ian Harper, Acting Dean and Director, Melbourne Business School

• Dr Ian Heath, Director General, IP Australia

• Dr Mike Hirshorn OAM, Chief Executive, Nanyang Innovation Fund, NanyangVentures Pty Ltd

• Dr Deborah Kuchler, Managing Director, MIND2MARKET Pty Ltd

• Mr Desmond Ryan AM, Consultant, Davies Collison Cave Patent and Trade MarkAttorneys and Solicitors

• Dr Peter Tucker, General Manager Business Development and Strategy, IP Australia

International Board of Assessors

The Institute also benefits from an International Board of Assessors;its members are:

• Professor Derek Bosworth (UMIST and University of Oxford)

• Professor John Braithwaite (Australian National University)

• Professor William R Cornish (University of Cambridge)

• Professor Adolf Dietz (Max Planck Institute)

• Professor Gerald Dworkin (IP Academy Singapore)

• Professor Jane Ginsburg (Columbia University)

• Professor Paul Goldstein (Stanford University)

• Dr Francis Gurry (World Intellectual Property Organisation)

• Professor Rebecca Henderson (Masssachusetts Institute of Technology)

• Professor J Thomas McCarthy (University of San Francisco)

• Associate Professor Scott Stern (Northwestern University)

• Professor Joseph Strauss (Max Planck Institute)

• Professor David Vaver (University of Oxford)

Visiting Fellows

During the course of the year ipria hosted the following visiting fellows:

• Dr Christine Greenhalgh, Oxford Intellectual Property Research Centre

• Professor Hugh Hansen, Fordham University, School of Law

• Dr Dan Hunter, Wharton School, University of Pennsylvania

• Professor Sir Laurie Hunter, University of Glasgow Business School

• Dr Mark Rodgers, Oxford Intellectual Property Research Centre

• Professor Daniel Rubinfeld, University of California, Berkeley

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In 2003/2004 ipria's outputs have been prolific and diverse. In terms of its growingrelevance as a centre of thinking on intellectual property issues, the breadth of topicscovered by its outputs provide a measure of the distance ipria has travelled since itsinception in 2002. These outputs target ipria's stakeholders collectively and as individual interest groups.

Events ipria hosted and contributed to public seminars, conferences and workshops aroundAustralia and overseas. In order to inform and stimulate discussion on intellectualproperty related themes, ipria invited eminent Australian and international speakers todiscuss topical issues. In 2003/2004, ipria's participation in, and organisation ofevents covered the full spectrum of the Institute's areas of research interest fromcopyright and the public interest to the impact of the intellectual property sections ofthe US-Australian Free Trade Agreement. The events organised by ipria during thisperiod are detailed below.

The Free Trade Agreement and Intellectual Property - The Negotiators Speak; ChrisCreswell, Consultant, Copyright Law Branch, Attorney-General's Department; MartinQuinn Director, International Intellectual Property Section, Office of Trade Negotiations,Department of Foreign Affairs and Trade; Jessica Wyers, Acting Director, Legislationand Policy Development Section, Business Development and Strategy Group, IPAustralia; 18 June 2004, Melbourne.

IP, Traditional Knowledge and Indigenous Cultural Expressions; Professor Andrew F Christie, Australian Innovation Festival, 4 May 2004, Perth.

Current Issues in Broadcasting Law (in conjunction with the Centre for Media andCommunications Law); Chris Creswell, Consultant, Attorney-General's Department;Jim Thomson, Asia-Pacific Broadcasting Union, Television New Zealand; JohnMcPhail, Baker and McKenzie; Professor Jill McKeough, Faculty of Law, UNSW; IanMcGill, Partner, Allens Arthur Robinson; Karen Gettens, Senior Associate, BlakeDawson Waldron; David Lindsay, Fellow, Centre for Media and Communications Law;27 April 2004, Sydney.

The Value of Innovation: The Interaction of Competition, R&D and IP; Dr Mark Rogers,Oxford Intellectual Property Research Centre; Dr Christine Greenhalgh, OxfordIntellectual Property Research Centre; Dr Elizabeth Webster; Dr Gregory R Smith,Director SciVentures Investment Pty Ltd; 6 April 2004, Melbourne.

International Developments in IP - the view from Geneva; Dr Francis Gurry, DeputyDirector, WIPO; 1 April 2004, Melbourne; 22 March 2004, Wellington; 22 March 2004,Auckland.

Public Launch of Creative Commons (CC) Australia; Mr Tom Cochrane, Deputy ViceChancellor QUT; Professor Brian Fitzgerald, Head of Law School, QUT; Mr Ian Oi,Special Counsel, Blake Dawson Waldron; 23 March 2004, Melbourne.

The Strategic Use of Patents - Implications for Anti-Trust; Professor Daniel Rubinfeld,Robert L Bridges Professor of Law and Professor of Economics, School of Law,University of California, Berkeley; 22 January 2004, Melbourne.

ipria-Melbourne Institute Innovation Index Award; Dr Ian Heath, Director General, IPAustralia; 13 November 2003, Melbourne.

Intellectual Property in the Australia-US Free Trade Agreement Negotiations; KimberleeWeatherall, SNAPSHOT Conference; 21 October 2003, Melbourne.

Trade Marks and Issues for Indigenous People; Owen J. Morgan, Desert KnowledgeCRC, 16 October 2003, Alice Springs.

Recent Developments in Trade Mark Laws in the United States and Australia;Professor Thomas McCarthy, University of San Francisco School of Law; 30September 2003, Brisbane.

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Trade Marks in the Future Conference; Professor Thomas McCarthy, San FranciscoSchool of Law; Dr George Beaton, Melbourne Business School; Dr Mark Davison,Monash University; Mr Bruce Drinkwater, Southcorp Wines; Ms Susan Farquhar, IPAustralia; Dr Owen Morgan, ipria; Dr Peter Tucker, IP Australia; 26 September 2003,Melbourne.

Judges as Lawmakers: US Courts and Intellectual Property Law; Professor HughHansen, Fordham University School of Law; 18 August 2003, Brisbane.

Trade Mark Policy and Doctrine in the US and EU: A Legal Realist Perspective andAnalysis; Professor Hugh Hansen, Fordham University, School of Law; 12 August2003, Melbourne.

Copyright and the Culture of the Public Domain: A Critical Analysis; Professor HughHansen, Fordham University School of Law; 14 August 2003, Canberra;19 August2003, Sydney.

Copyright's Empires; Dr Dan Hunter, Robert F Irwin Assistant Professor of LegalStudies, Wharton School, University of Pennsylvania; 31 July 2003, Melbourne.

Publicationsipria has continued to use publication as a means of broadly disseminating itsresearch outputs. As well as contributing to the internal publication streams, ipria'sresearchers have also published peer reviewed articles in law, economics and business journals. The majority of these research papers, studies and reports can bedownloaded from the ipria publications web page at www.ipria.org/publications. A complete listing of ipria's publications for the period covered by this report is provided below.

ipria Working Paper Series

Joshua S Gans and Stephen P King, Patent Length and the Timing of InnovativeActivity, Working Paper No 07/04 (July 2004).

R. Mitch Casselman and Danny Samson, Moving Beyond Tacit and Explicit: FourDimensions of Knowledge, Working Paper No. 06/04 (June 2004).

Paul H Jensen and Elizabeth Webster, Examining Biases in Measures of FirmInnovation, Working Paper No. 05/04 (June 2004).

Katerina Gaita and Andrew F Christie, Principle or Compromise? Understanding theOriginal Thinking Behind Statutory Licence and Levy Schemes for Private Copying,Working Paper No. 04/04 (May 2004).

Paul H Jensen and Elizabeth Webster, Patterns of Trademarking Activity in Australia,Working Paper No. 03/04 (March 2004).

Owen J Morgan, Protecting Indigenous Signs and Trade Marks Under the NewZealand Trade Marks Act 2002, Working Paper No 02/04 (February 2004) subsequently published in (2004) Intellectual Property Quarterly 58-84.

Joshua Gans, Stephen King and Ryan Lampe, Patent Renewal Fees and Self-FindingPatent Offices, Working Paper No. 01/04 (January 2004).

Owen J Morgan, Copyright, the Public Interest and Content Restrictions, WorkingPaper No. 13/03 (December 2003); subsequently published in (2003) Media and ArtsLaw Review, 213-226.

Anne Wyatt & Margaret Abernethy, Framework for Measurement and Reporting onIntangible Assets, Working Paper No. 12/03 (January 2004).

Nisvan Erkal, The Decision to Patent, Cumulative Innovation and Optimal Policy,Working Paper No. 11/03 (December 2003, revised March 2004).

Owen J. Morgan, The Protection of National Icons Under the Trade Marks Act 1995,Working Paper No. 10/03 (October 2003) subsequently published in (2004) AustralianIntellectual Property Journal 94-105.

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Melanie J Howlett and Andrew F Christie, An Analysis of the Approaches of theTrilateral and Australian Patent Offices to Patenting Partial DNA Sequences (ESTS),Working Paper No. 09/03 (September 2003); subsequently published in (2004)Australian Intellectual Property Journal; related paper “An Analysis of the Approach ofthe European, Japanese and United State Patent Offices to Patenting Partial DNASequences (ESTs)”, (2003) International Review of Industrial Property and CopyrightLaw 581-602.

Anne Wyatt, Accounting for Intangible Assets: Theory and Evidence on the Influenceof Technology and Property Rights Related Conditions, Working Paper No. 08/03(September 2003).

Z.P. Matolcsy and Anne Wyatt, Using Patent-Based Metrics to Understand the Valueof Companies, Working Paper No. 07/03 (September 2003).

Occasional Paper Series

Owen Morgan and Emma Caine, ipria - The Vision is to be a Research Institute ofWorld Repute, Occasional Paper No. 01/04, (March 2004).

Owen J Morgan, The New Zealand Trade Marks Act - No Place for Offence,Occasional Paper No. 02/03, (November 2003).

Reports

Glenys Harding (ed), R&D and Intellectual Property Scoreboard 2003: BenchmarkingInnovation in Australian Enterprises (2003).

Dianne Nicol and Jane Nielsen, Patents and Medical Biotechnology: An EmpiricalAnalysis of Issues Facing the Australian Industry, Centre for Law and Genetics -Occasional Paper No. 6 (2003).

Submissions

Patents and Experimental Use - Submission to the Advisory Council on IntellectualProperty (ACIP) (May 2004).

Gene Patenting and Human Health - Submission to the Australian Law ReformCommission (ALRC) (April 2004).

Review of Crown Use Provisions in Patents and Designs Legislation - Submission tothe Advisory Council on Intellectual Property (ACIP) (March 2004).

ipria Bulletins

Every quarter ipria distributes two bulletins outlining current developments in intellec-tual property law and policy in Australia and overseas. The Australian DevelopmentsBulletin summarises legislative developments and reform initiatives in intellectualproperty law in Australia. The International Developments Bulletin summarises currentintellectual property initiatives of international organisations such as WIPO, WTO,OECD, UNESCO, the EU and the Hague Conference on Private International Law.The bulletins are circulated to subscribers via email with links to the relevant webpages on ipria's web site. The bulletins are designed to provide an up-to-date andconcise overview for professionals, academics and students.

www.ipria.org

ipriaInquiries concerning the Institute'sactivities and publications may bedirected to:

Communications and Relations Manager ipriaLaw School BuildingUniversity of MelbourneVIC 3010 AUSTRALIA

Telephone: +61 3 8344 1138Fax: +61 3 9348 2353Email: info@ipria.orgWebsite: www.ipria.org

Editor: Leanne McDonaldDesign: Nuttshell Graphics

ipriaIntellectual Property Research Institute of Australia

The University of Melbourne Law School Building Victoria 3010 AustraliaTelephone: +61 3 8344 1127 Fax: +61 3 9348 2353Email: info@ipria.org Website: www.ipria.org