Deakin Law Review最新文献_第7页

Insights for Legal Reasoning from Studies of Literary Adaptation and Intertextuality 文学改编与互文性研究对法律推理的启示

Deakin Law Review Pub Date : 2013-08-01 DOI: 10.21153/DLR2013VOL18NO1ART62

G. Raitt

引用次数: 1

"A Second Chance for Justice: The Prosecutions of Gabe Watson for the Death of Tina Thomas" by Asher Flynn and Kate Fitzgibbon 《正义的第二次机会:加布·沃森对蒂娜·托马斯之死的起诉》，作者阿瑟·弗林和凯特·菲茨吉本

Deakin Law Review Pub Date : 2013-08-01 DOI: 10.21153/DLR2013VOL18NO1ART63

A. Flynn, Kate Fitz‐Gibbon

引用次数: 0

Contractual penalties in Australian law after Andrews: An opportunity missed 安德鲁斯事件后澳大利亚法律中的合同处罚:错失良机

Deakin Law Review Pub Date : 2013-08-01 DOI: 10.21153/DLR2013VOL18NO1ART55

A. Gray

引用次数: 3

Intellectual Property, Business and China: Taking a Stand 知识产权、商业与中国:表明立场

Deakin Law Review Pub Date : 2013-08-01 DOI: 10.21153/DLR2013VOL18NO1ART59

J. Menzies, Lidia Xynas, S. Orr, M. Chung

{"title":"Intellectual Property, Business and China: Taking a Stand","authors":"J. Menzies, Lidia Xynas, S. Orr, M. Chung","doi":"10.21153/DLR2013VOL18NO1ART59","DOIUrl":"https://doi.org/10.21153/DLR2013VOL18NO1ART59","url":null,"abstract":"Over the last 40 years, China has developed laws for the protection of intellectual property rights. Unfortunately, these laws have not been uniformly enforced, making such protection problematic for Australian and other foreign organisations wishing to do business in China. This article first scrutinises the current Chinese laws covering intellectual property protection. It then examines the outcomes of a qualitative study that addressed intellectual property protection issues faced by selected Australian organisations conducting business with Chinese counterparts located in China. Forty Australian business managers/owners from Australian companies having business relationships with Chinese firms were interviewed for this study. The findings show that protection issues are only relevant to certain types of businesses that have intellectual property to protect. Nevertheless, a number of the managers/owners interviewed believed that infringement threats were real and inevitable in China, and some had even experienced cases of copying. The study found that, despite such concerns, there was little evidence of organisations taking proactive and positive steps to adequately protect their intellectual property. In order to address this, the authors of this article have developed a protection strategy that incorporates the use of the law, together with firms' organisational designs, so that foreign firms can protect their rights when interacting with the Chinese market.","PeriodicalId":43081,"journal":{"name":"Deakin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2013-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67649992","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Book review : The international arbitration act 1974 : a commentary 书评:《1974年国际仲裁法:评注》

Deakin Law Review Pub Date : 2013-02-01 DOI: 10.21153/DLR2012VOL17NO2ART88

B. Hayward

引用次数: 0

The Sampling and Remix Dilemma: What is the Role of Moral Rights in the Encouragement and Regulation of Derivative Creativity? 抽样与混音困境:道德权利在鼓励与规制衍生创意中的作用?

Deakin Law Review Pub Date : 2013-02-01 DOI: 10.21153/DLR2012VOL17NO2ART83

E. Adeney

引用次数: 3

Board Diversity or Gender Diversity? Perspectives from Europe, Australia and South Africa 董事会多元化还是性别多元化?来自欧洲、澳大利亚和南非的观点

Deakin Law Review Pub Date : 2013-02-01 DOI: 10.21153/DLR2012VOL17NO2ART77

J. Plessis, Ingo Saenger, Richard M. Foster

{"title":"Board Diversity or Gender Diversity? Perspectives from Europe, Australia and South Africa","authors":"J. Plessis, Ingo Saenger, Richard M. Foster","doi":"10.21153/DLR2012VOL17NO2ART77","DOIUrl":"https://doi.org/10.21153/DLR2012VOL17NO2ART77","url":null,"abstract":"Board diversity has been a hot topic for several years. However, it is only in recent years that pertinent questions have been asked about what is actually meant by board diversity and what would constitute a board with an ideal diversity. In the past the debate on board diversity has always been dominated by the lack, or very low numbers, of females on boards. This has been a fact in most countries with sophisticated corporate law and corporate governance systems in place. The issue of female representation on boards still dominates the board diversity debate, but other forms of diversity, including age, cultural, nationality and race have also become part of the debate. The quest is to find answers to questions like whether a diversified board would be better, and whether diversified boards will ensure a better return for investors; in other words, whether there is a ‘business case’ to be made out to have diversity on a board. Many studies have been done, but the answer is still evasive. This is not totally unexpected as the criteria used for these studies differ and the circumstances and complexities of business are such that a final conclusion will probably never be reached. In this article we focus on the board diversity debate in Europe, Australia and South Africa – three completely different parts of the world. In addition we devote Part V to put the topic of board diversity in a broader context, but paying particular attention to gender diversity.","PeriodicalId":43081,"journal":{"name":"Deakin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2013-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67649287","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 18

The novel as social satire: 60 years later, the wind done gone and the limitations of fair use 小说作为社会讽刺:60年后，风尽逝，合理使用的局限性

Deakin Law Review Pub Date : 2013-02-01 DOI: 10.21153/DLR2012VOL17NO2ART86

D. Thampapillai

{"title":"The novel as social satire: 60 years later, the wind done gone and the limitations of fair use","authors":"D. Thampapillai","doi":"10.21153/DLR2012VOL17NO2ART86","DOIUrl":"https://doi.org/10.21153/DLR2012VOL17NO2ART86","url":null,"abstract":"The absence of the doctrine of fair use from Australian copyright law has been a bone of contention in Australia after the Australia-United States Free Trade Agreement (FTA). As the Australian government reformed the Copyright Act 1968 (Cth) in the aftermath of the FTA it eschewed the option of adopting fair use. Instead, Australia chose to incorporate a version of fair use into its existing fair dealing framework. Accordingly, the Copyright Amendment Act 2006 (Cth) inserted ss 41A and 103AA into the Copyright Act. These provisions provide that a fair dealing with a copyright protected work does not constitute an infringement if it is done for the purposes of parody or satire. These provisions codify part of the ratio of the United States Supreme Court in the seminal case of Campbell v Acuff Rose Music. However, the parameters of these new provisions are unexplored and the sparse nature of fair dealing jurisprudence means that the true meaning of the provisions is unclear. Moreover, two cases from the United States, SunTrust Bank v Houghton Mifflin and Salinger v Colting, underline just how important it is to have legal rules that protect literary ‘re-writes’. Both cases involved authors using an original novel to ‘write back’ to the original author and the broader culture. ‘Writing back’ or the ‘re-write’ has a firm basis in literature. It adds something invaluable to our culture. The key question is whether our legal landscape can allow it to flourish. This paper examines the interaction between fair use and literary re-writes.","PeriodicalId":43081,"journal":{"name":"Deakin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2013-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67649486","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Digital Sampling/Remix Culture Forum: Papers from the Forum Held on Friday 6 July 2012 at the Deakin Waterfront Campus, Geelong 数字采样/混音文化论坛:2012年7月6日星期五在吉朗迪肯海滨校园举行的论坛论文

Deakin Law Review Pub Date : 2013-02-01 DOI: 10.21153/DLR2012VOL17NO2ART80

D. Meagher

引用次数: 0

The Regulation of Online Dispute Resolution: Effectiveness of Online Consumer Protection Guidelines 网络纠纷解决的规制:网络消费者保护指南的有效性

Deakin Law Review Pub Date : 2013-02-01 DOI: 10.21153/DLR2012VOL17NO2ART78

K. C. Liyanage

引用次数: 4