View from the Sidelines

Posted by Anton Hughes on Monday, March 21, 2005 with No comments
I had an idea on the weekend about an idea for an article which would look at the history of IP protection in software a little more closely. The idea would be to talk about the way in which Australia has generally relied on the US to develop Intellectual Property law and then has incorporated it into Australian law. It would be a chance for a comparative analysis of the law across the regimes in the two jurisdictions, comparing the timelines, and then talking about the source of the differences (for example the contention by Andrew Christie as to how Australia has the most liberal test in the world for patentability of algorithms).

I could also talk about how this reliance on other jurisdictions to do the hard work has resulted in a failure of Australian legislatures to consider the needs of the Australian software industry. in any real detail. This segways into a discussion of the Free Trade Agreement as the most recent example of a failure to consider the industry's needs. It would also be a good way to review the cases.