The book "Intellectual Property in Australia" is a comprehensive guide to intellectual property (IP) law in Australia, authored by Andrew Stewart, Phillip B. C. Griffith, Judith Bannister, and Adam Liberman. Here is a detailed overview of the book:

Key Themes

1. Coverage of IP Rights: The book covers a wide range of IP rights including confidentiality, copyright, designs, patents, trade marks, and more.
2. Protection and Exploitation: It methodically outlines the steps to protect and exploit ideas, starting with the protection of ideas not yet in the public domain, through the writing down and recording of ideas, and finally to inventive ideas.
3. Enforcement and Commercial Strategies: The book also delves into the enforcement of IP rights, international dimensions of IP protection, and commercial strategies for exploiting various IP rights.
4. Legislative Reforms: It provides extensive commentary on legislative reforms, including the Productivity Commission’s proposals for changes to Australia’s IP regimes, such as new rights to use or access copyright material and a higher threshold for patentability.

Plot Summary

The book is structured to guide readers through the entire spectrum of IP law in Australia. It begins by discussing the protection of ideas that have not yet been put in the public domain, including confidentiality and breach of confidence (Chapters 3 and 4). It then moves on to the writing down and recording of ideas, covering copyright, moral rights, circuit layouts, and designs (Chapters 5 to 10). The book also deals with inventive ideas, including the patents system, validity, and infringement, as well as plant breeder’s rights (Chapters 11 to 15).

The book further explores the enforcement of IP rights (Chapter 2), international dimensions of IP protection (Chapter 21), and commercial strategies for exploiting IP rights (Chapter 22). It provides accessible explanations and analysis of the current regimes and their application in various commercial settings, while examining trends and tensions that influence future changes to the Australian IP system.

Critical Reception

The book has received positive reviews for its comprehensive coverage of IP law in Australia. The IPKat blog praises the book for its methodical approach, which follows the steps that may be taken to protect and/or exploit an idea. However, it suggests that the book could have benefited from additional discussion on specific topics such as interlocutory injunctions and Commonwealth Government claims in patent proceedings.

Editions and Updates

The book has been published in multiple editions. The 6th edition, which is the most recent one mentioned, features a new and expanded team of authors. It provides updates on legislative reforms introduced since the fifth edition, relevant recommendations from the Harper Review of competition law, and the Turnbull Government’s National Innovation and Science Agenda.

Availability

The book is available in paperback and electronic formats. The 7th edition is also available, published by LexisNexis Butterworths. The 6th edition can be purchased in paperback with an ISBN of 9780409345780 and in electronic format with an ISBN of 9780409345797.