Here are my recent publications on policy-making, legal practice and management of IP – you can download a copy by clicking on the title.

IP Management
“Innovation and Creativity: A Legal Perspective“ Chapter 7 in Chan and Mann (eds), Creativity and Innovation in Business and Beyond: Social Science Perspectives and Policy Implications, Routledge (2011). In law, creativity and innovation are alternative thresholds of intellectual ingenuity that must be satisfied for intellectual property subject matter to gain protection. This chapter explains differences between these two thresholds, and the policy consequences of these differences.

“Intellectual Property and Intangible Assets: A Legal Perspective“, Chapter 2 in Bosworth D. and Webster E. (eds), The Management of Intellectual Property, Edward Elgar (2006). This chapter explains how intellectual property is seen by the law and by lawyers. It defines the intangible assets to which protection is given, and explains the way in which the law allocates rights to them.

IP Policy
“A Quantitative Analysis of Australian Intellectual Property Law and Policy-Making since Federation“Australian Intellectual Property Journal, Vol. 16, No. 4 (2005).  This article analyses the quantitative data on Australian IP law and policy-making since federation, by measuring the growth of IP legislation and reviews of IP legislation over the past century, and comparing this with the corresponding growth in another body of commercial law and in the economy. It finds that while IP law is growing exponentially, it is growing more slowly than corporations law; and that the growth of both bodies of law is dwarfed by the growth of the economy.

“Intellectual Property Law and Policy-Making in Australia: A Review and a Proposal for Action“ Intellectual Property Forum, Vol. 60 (2005). This paper reviews the history of intellectual property law and policy-making in Australia from federation until the present.  It shows a dramatic increase in the volume of IP legislation and in the reviews of that legislation, indicating a future trend of exponential growth.

IP Practice
“Patent Attorney Privilege in Australia: Options for Reform” Australian Intellectual Property Journal, Vol. 20 (2009).  Patent attorney privilege – the capacity to withhold communications from a court, should litigation arise - is a key aspect of the relationship between a client and her or his patent attorney. This article analyses the operation of the privilege in Australia and overseas, and proposes options for the reform of the privilege in Australia.

“For the Health of the Economy and Patent System: Rationale and Scope of Patent Attorney Privilege“Journal of Intellectual Property Law and Practice,Vol. 4, No. 1 (2009). This article considers the justifications for patent attorney privilege and suggests that, given the need for clients to have full and frank advice for the effective operation of the patent system, the privilege is justified and should not be unduly limited in its operation.