Does the fair basing "problem child" escape Lockwood?

McBratney, Amanda (2005) Does the fair basing "problem child" escape Lockwood? Australian Intellectual Property Journal, 16, pp. 210-231.

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In an earlier article the concept of fair basing in Australian patent law was described as a "problem child", often unruly and unpredictable in practice, but nevertheless understandable and useful in policy terms. The article traced the development of several different branches of patent law that were swept under the nomenclature of "fair basing" in Britain in 1949. It then went on to examine the adoption of fair basis into Australian law, the modern interpretation of the requirement, and its problems. This article provides an update. After briefly recapping on the relevant historical issues, it examines the recent Lockwood "internal" fair basing case in the Federal and High Courts.

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ID Code: 33108
Item Type: Journal Article
Refereed: Yes
Keywords: Patent Law, Australia
ISSN: 1038-1635
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Intellectual Property Law (180115)
Divisions: Current > QUT Faculties and Divisions > QUT Business School
Current > Schools > School of Accountancy
Deposited On: 12 Jul 2010 21:37
Last Modified: 29 Feb 2012 13:21

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