2011-2012 IPRIA Annual Report

Intellectual Property Research Institute of Australia

Annual Report 2011-12

Introduction Contents Introduction 2 Knowledge Transfer 4 Events 4 Publications 7 Resources 9 People 9

Research Expertise 11 Financial Position

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In November 2011, Professor Megan Richardson, organized a conference as a co-production with our sister organisation, the Centre for Media Communications and Law (at the University of Melbourne). The topic was ‘Keeping Secrets in Times of Weak Law’, and featured Professor Dan Hunter, Institute for Information Law & Policy, New York Law School; Dr Philip Williams, Frontier Economics, Melbourne; The Hon Michael Kirby, AC CMG; Professor Julian Thomas, Institute for Social Research at Swinburne University and Dr Alana Maurushat, Cyberspace Law and Policy Centre, University of New South Wales.

In addition to this conference, four panel seminars were also held: the first, ‘Brands and the Challenges of Grey Markets’ consisted of presentations from Dr Janice Luck (The University of Melbourne), Associate Professor Don O’Sullivan (Melbourne Business School), Mr Owen Malone (Treasury Wine Estates), Professor Susy Frankel (Victoria University of Wellington), and Ms Vicki Huang (Deakin University). The second looked at ‘Accounting for Intangibles: What’s All the Fuss?’ and included Professor Anne Wyatt (UQ Business School, The University of Queensland), Ms Susan Lightfoot (Australian Accounting Standards Board), Mr Michael Mileo (Value Adviser Associates), Mr Robert Sanders (Global IP Services LLP, Singapore) and myself. The final two panel seminars focused on copyright issues. The ‘Village Roadshow vs iiNet: The Decision and its Ramifications for Copyright Owners and ISPs’ featured Mr Neil Gane (Australian Federation Against Copyright Theft (AFACT)), Mr John Stanton (Communications Alliance) and Associate Professor David Lindsay (Faculty of Law, Monash University). The final panel for the year was ‘New Models for Copyright Law Reform’, and comprised Professor Dan Hunter (Institute for Information Law & Policy, New York Law School (USA), Professor Julian Thomas (Institute for Social Research, Swinburne University) and Professor Jill McKeough (Australian Law Reform Commission).

This year, our seminar program saw a heavier than normal focus on business and management IP related issues. Seminars included topics such as the Australian innovation system (Mark Dodgson, UQ); creative destruction (Chris Tucci, Ecole Polytechnique Fédérale de Lausanne); patent aggregators (Frauke Rüther, Institute of Technology Management, University of St Gallen); commercialization strategies (Simon Wakeman, European School of Management and Technology); and emotional management (Maw Der Foo, Leeds Business School, University of Colorado). We also offered our more traditional legal seminars such as TransTasman issues (Susy Frankel and Paul G Scott,Victoria University of Wellington, NZ), TRIPs and the web (Tony Taubman, World Trade Organization) and an inside view of the long running Apple vs Samsung battle (Peter Heerey, Former Australian Federal Court Judge and Marvin Garbis, US District Court Judge).

There was a European view of patent thickets (Elisabeth Müller, Frankfurt School of Finance and Management) and for the first time, a seminar in London on the Hargreaves Review (Christine Greenhalgh, Oxford University and Sam Ricketson, Melbourne Law School, University of Melbourne).

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ipria annual report 2011–12

During the year, we published 17 refereed articles; 2 nonrefereed academic publications and 6 other works. A further 11 articles are currently forthcoming. To complement this, IPRIA fellows made over 49 academic presentations both domestically and overseas. One of our highlights for the year has been the continued high number of public events for the professions, industry and government. During the year, we hosted nearly 2100 people at 43 events across Australia. These events represent a mixture of evening or lunchtime seminars; one-day conferences; half-day workshops and panel discussions.

It should never go unsaid how important and valuable the contribution of Kwanghui Lim and Megan Richardson have been to the success of these events. They have both contributed and worked hard to source excellent speakers and ensure the topics are relevant and noteworthy. This year I would especially like to thank David Brennan (Law School) for his enthusiasm for organizing several of this year’s events (including the very popular Apple V Samsung seminar series). As always, most of our events are coproduced with partner organizations and in this respect we owe a great deal to the Institute of Patent and Trade Mark Attorneys of Australia (IPTA), University of Tasmania, Centre for Media and Communications Law, Melbourne Business School, Institute for International Law and the Humanities, University of Queensland, The Oxford IP Research Centre, LESANZ, University of Technology Sydney and the Certified Practicing Accountants. Michelle Wilson has been ipria’s executive officer throughout this year and as always has been the person we all rely on – efficient, courteous, unflappable and steadfast. We congratulate her on the safe arrival of her son, Finley, look forward to her return in the near future and thank him for not arriving earlier than he did. Fortunately, we have been luck to secure Lyn Buchanan to replace her and between them there have been no operational hic-cups.

Professor Beth Webster Director 29 August 2012

During 2011-12, Professor Megan Richardson stepped down as Associate Director and has been replaced by Dr Chris Dent. We expect however, to keep Megan close within the ipria family. We also farewelled Dr Amanda Lim who is now with IP Australia.

Not least, I would like to thank our sponsors, IP Australia (especially Philip Noonan, Fatima Beattie, Ian Goss and Geoff Sadlier), the Institute of Patent and Trademark Attorneys (Linda Tochett, Leon Allen, and Graham Cowin), the Faculty of Business and Economics and the schools of law and business at the University of Melbourne. We are very appreciative of the time members of our Advisory Board have given (Mr Owen Malone – Chair, Treasury Wines). The support of Owen and the other members from the advisory board has been not only generous but vital to our success and we would not exist without them.

ipria annual report 2011–12

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Knowledge Transfer Speakers: Susy Frankel and Paul G Scott (Victoria University of Wellington, New Zealand)

Events Below is a list of events during the period covered by this report (July 2011 to June 2012).

Conference

Keeping Secrets in Times of Weak Law, Melbourne Law School, The University of Melbourne, Friday 25th November.

Keynote Speakers: Professor Dan Hunter (New York Law School, USA), Dr Philip Williams (Frontier Economics, Melbourne), The Hon Michael Kirby, AC (CMG), Professor Julian Thomas (Swinburne University), Dr Alana Maurushat (University of New South Wales), Associate Professor David Lindsay (Monash University), Associate Professor David Brennan (ipria and Melbourne Law School, The University of Melbourne), Ms Susan McMaster (CSIRO, Australia), Professor Beth Webster (ipria and Melbourne Institute, The University of Melbourne), Mr Michael Rivette (Chancery Chambers), Mr Michael Gawenda (Centre for Advanced Journalism, The University of Melbourne), Professor Megan Richardson (ipria and Melbourne Law School, The University of Melbourne), Mr Jason Bosland (Melbourne Law School, The University of Melbourne) and Professor Andrew Kenyon (Melbourne Law School,The University of Melbourne)

Public Seminars

Innovation in Australia: Joining up a disconnected system, IPRIA & MBS/UTS/UQ Business School Seminar.

Speaker: Mark Dodgson (Director, Technology and Innovation Management Centre, UQ Business School) • Melbourne, 6 September 2011 • Sydney, 7 September 2011 • Brisbane, 7 December 2011 Creative Destruction and Intellectual Property: What’s an Incumbent to Do?, IPRIA & MBS/UTS Business School Seminar, Speaker: Christopher L Tucci (Ecole Polytechnique Fédérale de Lausanne (EPFL), Switzerland) • Sydney, 19 October 2011 • Melbourne, 20 October 2011 Brands and the Challenges of Grey Markets, IPRIA, CMCL and MBS Panel Seminar, Speakers: Janice Luck – Chair (The University of Melbourne), Don O’Sullivan – Discussant (Melbourne Business School), Owen Malone (Treasury Wine Estates), Susy Frankel (Victoria University of Wellington), Vicki Huang (Deakin University) •

Melbourne, 26 October 2011

The Trans-Tasman Relationship: Competition Law and Intellectual Property Law, IPRIA/IPTA Public Seminar

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• Sydney, 24 October 2011 • Melbourne, 25 October 2011 • Canberra, 27 October 2011 Patent Aggregating Companies: Exploring the Phenomenon, IPRIA/IPTA Public Seminar, Speaker: Frauke Rüther (Institute of Technology Management, University of St Gallen, Switzerland) • Sydney, 2 November 2011 • Brisbane, 3 November 2011 • Adelaide, 11 November 2011 • Melbourne, 18 November 2011 Commercialization Strategies for Innovating Firms, IPRIA/IPTA Public Seminar, Speaker: Simon Wakeman (Associate Professor, European School of Management and Technology (ESMT), Berlin, Germany).

• Melbourne, 15 February 2012 • Brisbane, 16 February 2012 • Sydney, 17 February 2012 Finding the Trail of Breadcrumbs- Navigating a Patent Thicket?, IPRIA & LESANZ Public Seminar, Speakers: Elisabeth Müller (Chair of Innovation Management, Frankfurt School of Finance and Management, Germany) all cities, Karen Sinclair (Principal, Watermark & Immediate Past President, LESANZ) Melbourne only, Bronwyn Furse (Senior Associate, Minter Ellison & Chair, SA Chapter, LESANZ) Adelaide only and Mark Pullen (Principal, Watermark & National Treasurer, LESANZ) Perth only.

• Melbourne, 8 March 2012 • Adelaide, 20 March 2012 • Perth, 21 March 2012 TRIPS on the Web: An Analogue Treaty in the Digital Age, or the First Trade 2.0 Agreement?, IPRIA and IILAH Public Seminar, Speaker: Antony Taubman (Director, Intellectual Property Division, World Trade Organization, Switzerland) • Melbourne, 2 April 2012 New Models for Book Publishing. An ipria, CMCL, MBS and Publishing and Communications Program Panel Seminar. Speakers: Emmett Stinson – Chair (The University of Melbourne), Kwanghui Lim – Discussant (Melbourne Business School), Nathan Hollier (Monash University Publishing), Piers Pickard (Lonely Planet), Graeme Connolly (Melbourne University Bookshop), Max Barry (Author).

• Melbourne, 9 February 2011 Apple vs Samsung: What are the Appropriate Criteria for

ipria annual report 2011–12

the Grant of Interlocutory Injunctions in Patent Cases?, IPRIA/IPTA/UTAS Public Seminar, Speakers: The Hon Peter Heerey AM QC (Chair, Australian Electoral Commission, Vice Preseident, Arts Law Centre of Australia, Former Australian Federal Court Judge) and Honorable Judge Marvin J Garbis (United States District Court Judge, USA) • • • •

Melbourne, 26 March 2012 Hobart, 29 March 2012 Sydney, 2 April 2012 Brisbane, 4 April 2012

Accounting for Intangibles: What’s All the Fuss?, IPRIA/ CAIP Public Seminar, Speakers: Anne Wyatt (Professor of Accounting, UQ Business School, The University of Queensland), Susan Lightfoot (Senior Project Manager, Australian Accounting Standards Board), Michael Mileo (Specialist, Business Valuation, Value Adviser Associates), Robert Sanders (Managing Partner, Global IP Services LLP, Singapore) Melbourne only and Beth Webster (Director, IPRIA and Professorial Research Fellow, Melbourne Institute of Applied Economic and Social Research) Brisbane only.

• Melbourne, 1 May 2012 • Brisbane, 21 June 2012 Hargreaves One Year On: An Assessment, IPRIA/Oxford University Public Seminar, Speakers: Christine Greenhalgh (Professor, OIPRC, Oxford University, UK) and Sam Ricketson (Professor, Melbourne Law School and IPRIA, The University of Melbourne).

• Oxford (UK), 1 May 2012 Getting Emotional About Management, IPRIA/MBS/UTS Business School Public Seminar, Speaker: Maw Der Foo (Associate Professor, Leeds Business School, University of Colorado, Boulder, USA).

• Sydney, 30 May 2012 • Melbourne, 5 June 2012 Village Roadshow vs iiNet: The Decision and its Ramifications for Copyright Owners and ISPs, IPRIA/ CMCL Public Seminar, Speakers: Neil Gane (Managing Director, Australian Federation Against Copyright Theft (AFACT)), John Stanton (CEO, Communications Alliance) and David Lindsay (Associate Professor, Faculty of Law, Monash University) • Melbourne, 31 May 2012 New Models for Copyright Law Reform, IPRIA/UTS Law Public Seminar, Speakers: Dan Hunter (Director, Institute for Information Law & Policy, New York Law School (USA), Julian Thomas (Director, Institute for Social Research, Swinburne University) and Jill McKeough (Commissioner, Australian Law Reform Commission).

ipria annual report 2011–12

• Sydney, 12 June 2012

Internal Academic Seminars

IP licensing at the University of California, Berkeley (8 July 2011). Speaker: Professor Brian Wright, Professor and Chair, University of California, Berkeley, USA. More Flexibility for More Innovation (19 August 2011).

Speaker: Ms Eva Wachsen, PhD Candidate, Technische Universität Berlin, Germany.

The Practical Effect of Patent Examination: A Comparative Analysis (25 August 2011). Speaker: Dr Amanda Lim, Research Fellow, Melbourne Law School, The University of Melbourne.

The effect of Plant Breeders’ Rights on wheat breeding in Australia (2 September 2011). Speaker: Dr Russell Thomson, Research Fellow, Melbourne Institute and IPRIA, The University of Melbourne.

Reflections on the IPRs-Related Research Programmes in China – A Personal Experience (14 October 2011). Speaker: Dr Jianqiang Nie, Professor of Law, University of Berne, Switzerland and Wuhan University School of Law, China.

Does knowledge based collaboration imply knowledge transfer? Empirical evidence from the Australian publicprivate partnering (24 October 2011). Speaker: Mrs Tzameret Rubin, PhD Candidate, Macquarie University.

How does Intellectual Property Protection Impact Technology Commercialization Strategy: Reconciling the Competing Effects on Licensing vs. Financing (14 February 2012). Speaker: Associate Professor Simon Wakeman, Associate Professor, European School of Management and Technology (ESMT), Berlin, Germany.

China’s ODI and Innovation (9 March 2012). Speaker: Associate Professor Yi Qiu, Hunan University of Science and Technology, China.

Copyright and Footy Jumpers (12 March 2012). Speaker: Honorable Judge Marvin J Garbis, United States District Court Judge, USA. Technological Capabilities of Chinese Enterprises: Who is Going to Compete Abroad? (14 March 2012). Speaker: Professor Dr Elisabeth Müller, Chair of Innovation Management, Frankfurt School of Finance and Management, Germany.

Patent Aggregating Companies - Potentials, Activities and Their Use in Patent Exploitation of Producing Companies (3 June 2011). Speaker: Frauke Rüther, Research Associate, Institute of Technology Management (ITEM-HSG), University of St.Gallen, Switzerland.

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External Presentations and Conference Papers Australian

de Rassenfosse, G. ‘Are patent fees effective at weeding out low quality patents’, Melbourne Institute Brown Bag Seminar, The University of Melbourne, Melbourne, April 2012. de Rassenfosse, G., ‘Are patent fees effective at weeding out low quality patents’, IPRIA Seminar, IP Australia, Canberra, April 2012.

Jensen, P.H. ‘Estimating the patent premium: Evidence from the Australian Inventor Survey’, University of Tasmania, Hobart, December 2011.

Lim, K. Guest Speaker on Internet Business Models, LLM Course by Megan Richardson and Dan Hunter, Melbourne Law School, The University of Melbourne, May 2012.

Palangkaraya, A. ‘Australian Star Inventors: Evidence from U.S. Patent Data’, IPRIA Workshop on Knowledge Spillovers and Markets for Technology, The University of Melbourne, August 2011, Melbourne.

Richardson, M (Convenor), ‘Keeping Secrets in Times of Weak Law’, CMCL-IPRIA Conference, Melbourne Law School, November 2011.

Thomson, R. ‘The effect of plant patents on variety innovation’, IPRIA Workshop Series, August 2011.

Thomson, R. ‘The effect of plant patents on variety innovation’, Australian Agricultural and Resource Economics Conference, Fremantle. February 2012.

Webster, E. ‘Patents, Workplace Culture and Academic Scientists’ Choice of Research Projects’ 3rd Annual Innovation and Communications Law Conference, Melbourne Business School, University of Melbourne , May 2011.

Webster, E. 2011 ‘Understanding Innovation: The Role of Policy Intervention’ Presentation at Victorian Department of Treasury and Finance, July 2011, Melbourne.

Webster, E. 2011 ‘Understanding Innovation: The Role of Policy Intervention’ Presentation at Victorian Department of Business and Innovation, August 2011, Melbourne.

Webster, E. 2011. ‘Does innovation enhance firm survival? (not always)’ Economic Society of NSW, Lunchtime Seminar Series 2011, November 2011.

Webster, E. ‘Biotechnology and intellectual property’, Synthetic Biology: Challenges and Opportunities for Australia conference. DIISRTE, Sydney Convention Centre, March 2012.

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Webster, E. ‘Support for student participation - revisited’ Base funding for higher education: Exploring Possibilities, Centre for the Study of Higher Education conference, University of Melbourne, Melbourne, April 2012.

Webster, E. ‘Base funding in a demand driven system’ Base funding for higher education: Exploring Possibilities, Centre for the Study of Higher Education conference, University of Melbourne, Melbourne, April 2012.

Webster, E. ‘Intergen+10: What about productivity?’ 10th Anniversary of the Treasury’s Intergenerational Report, Melbourne Institute of Applied Economic and Social Research conference, Shine Dome, Canberra, May 2012.

Webster, E. ‘Can Victoria lead the productivity charge?’

CEDA lunchtime seminar, , Ernst & Young, Melbourne, June 2012.

International

Christie, A. ‘What Difference Does Patent Examination Make?’, USPTO Patent Statistics for Decision Makers Conference 2011, USPTO Headquarters, Alexandria, VA (USA), November 2011. de Fontenay, C and Lim, K, ‘The Deteriorating Career Prospects of Scientists’, North American Summer Meeting of the Econometric Society, Evanston, Illinois (USA), June / July 2012. de Rassenfosse, G. ‘Debt financing of high-growth startups: The venture debt business model’, European Association for Research in Industrial Economics Conference, Stockholm School of Economics, Stockholm (Sweden), August 2011. de Rassenfosse, G. ‘Selection bias in innovation studies: A simple test’, EPIP Conference, Universite libre de Bruxelles, Bruxelles (Belgium), September 2011. de Rassenfosse, G. ‘Are patent fees effective at weeding out low quality patents’, The 4th IPTS Workshop on patent statistics, European Commission, Seville (Spain), May 2012. de Rassenfosse, G. ‘Debt financing of high-growth startups: The venture debt business model’, Batten Institute - AOM Exemplar conference, Darden Business School, Charlottesville (USA), May 2012. de Rassenfosse, G. ‘Are patent fees effective at weeding out low quality patents’, USPTO - Kauffman Conference, USPTO, Alexandria (USA), May 2012.

Dent, C. ‘Negotiating Control of Artifacts of Creation: Intellectual Property, Know-How, Confidential Information and Contracts’, Mobility and Competition Clause Workshop, LMU, Munich (Germany), September 2011.

Jensen, P. Presentation to Department of Economics, Hitotsubashi University, Tokyo (Japan), January 2012.

Jensen, P. PhD student lecture, Hitotsubashi University, Tokyo (Japan), February 2012.

ipria annual report 2011–12

Jensen, P. “Do Patents Influence Academic Scientists’ Choice of Research Projects?”, Queensland University of Technology, Brisbane, March 2012.

Lim, K. Professional Development Workshop on Patent Research, Academy of Management Conference, San Antonio, August 2011.

Lim, A., ‘The Practical Effect of Patent Examination: A Comparative Analysis’, EPIP Conference, Universite libre de Bruxelles, Bruxelles (Belgium), September 2011.

O’Sullivan, D. ‘The Association between Firm Risk and Corporate Social Responsibility’, Global Accounting, Finance and Economics Conference, Melbourne, February 2012.

Richardson, M (with Frankel, S (co-ordinator)), ‘AustraliaNew Zealand Intellectual Property Law Harmonsiation’, Workshop Presentation at New Zealand Law Foundation Regulatory Reform Project, Wellington (New Zealand), December 2011.

Thomson, R. ‘The effect of plant patents on variety innovation, EPIP Conference, Universite libre de Bruxelles, Bruxelles (Belgium), September 2011.

Webster, E. 2011 ‘Do patent offices uphold the national treatment principle?’ European Policy for Intellectual Property, 6th Conference, Solvay Business School, Brussels (Belgium), September 2011.

Kwanghui Lim quoted in an article on Mergers & Acquisitions and innovation, LeadingCompany, 4 June 2012. http://www.leadingcompany.com.au/strategy/steadyon-those-acquisitions/201206041304 Kwanghui Lim quoted in BRW story on the film industry. 13 June, 2012.

Kwanghui Lim ‘Keeping it creative: what happens to productivity when innovative firms are acquired?’, University of Melbourne Up Close podcast, 5 August 2011. http://upclose.unimelb.edu.au/episode/154-keeping-itcreative-what-happens-productivity-when-innovativefirms-are-acquired Paul Jensen and Beth Webster ‘Do patents alter the direction of scientific enquiry? Evidence from a survey of academic scientists’, Issues, 96, September 2011, 44-48.

Paul Jensen and Beth Webster ‘Hollywood read from the wrong script’ Australian Financial Review, 23 January 2012, p47.

Beth Webster and Kerry Hinton ‘Done well, NBN can boost economy’, by University of Melbourne. 5 July 2011, op-ed Australian Financial Review, cited in Hansard Tuesday, 5 July 2011.

Beth Webster ‘World-leading industry takes patience’, The Age, 12 September 2011.

Webster, E. 2011 ‘External Ventures: Why firms do not develop their inventions in-house’, CONCORD 3rd conference, ‘The dynamics of European’s industrial structure and the growth of innovative firms’, IPTS, Seville (Spain), October 2011.

Beth Webster and Russell Thomson ‘Cigarette packs: the plain facts’, Australian Financial Review, 19 April 2012, p63.

Webster, E. ‘Sealing the deal in the market for technology’ Nordisk institutt for studier av innovasjon, forskning og utdanning (Nordic Institute for Studies in Innovation, Research and Education) seminar, Oslo (Norway), March 2012.

ipria has continued to use publication as a means of broadly disseminating its research outputs. The majority of these research papers, studies and reports are available for download from the ipria Publications web page www.ipria. org/publications/. A complete listing of ipria’s publications for the period covered by this report is provided below.

Webster, E. ‘Accounting for Expenditure on Intangibles’, OECD Science, Technology and Industry Directorate Seminar, Paris (France), March 2012.

Webster, E. ‘Macroeconomic conditions and the determinants of commercialisation’, World Intellectual Property Organization (WIPO) Seminar, Geneva (Switzerland), April 2012.

Williamson, IO. ‘HR’s role in Driving Firm Innovation’, IFTDO Conference, Kuwait City (Iraq), April 2012.

Media Kwanghui Lim quoted in Jackie Range’s story on Wellcome’s support for Open Science in BRW, 19 April 2012.

Kwanghui Lim quoted in “Qantas and Virgin fight over market share”, LeadingCompany, 26 April 2012.

ipria annual report 2011–12

Publications

IPRIA Publications

Thomson, R, ‘The Globalization of Technology Acquisition’, IPRIA Working Paper, No. 3/11 Thomson, R and Webster, E, ‘External Ventures: Why Firms Don’t Develop All Their Inventions In-House’, IPRIA Working Paper, No. 4/11 Huang, V, Weatherall, K and Webster, E, ‘The Use of Survey Evidence in Australian Trade Mark and Passing Off Cases’, IPRIA Working Paper, No. 5/11

Reports

de Rassenfosse, G, Jensen, P.H. and Webster, E. (2011).

Understanding Innovation: The Role of Policy Intervention.

A Report for Victorian Department of Treasury and Finance, Melbourne, Intellectual Property Research Institute of

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Australia and Melbourne Institute of Applied Economic and Social Research, The University of Melbourne.

Leahy, A., Thomson, R. And Webster, B., (2011) PWC Melbourne Institute Asialink Index.

Leahy, A., Palangkaraya, A., Thomson, R. and Webster, E. (2011) ‘Business Innovation, Technology And investment drivers of Victorian manufacturing firms’, A Report for the Victoria Department of Business and Innovation under the ‘A More Competitive Manufacturing Industry’ Research Projects, Melbourne Institute of Applied Economic and Social Research, The University of Melbourne.

Alfons Palangkaraya, Elizabeth Webster and Ittima Cherastidtham (2012) ‘Evidence-based policy: Data needed for robust evaluation of industry policies’ A Report for the Australian Department of Industry, Innovation, Science, Research and Tertiary Education, Intellectual Property Research Institute of Australia, Melbourne Institute of Applied Economic and Social Research, University of Melbourne.

Refereed Publications Bosland, J and Richardson, M. ‘Competing discourses of ‘rights’ and ‘harms’ in trade mark law’, in K Bowrey, M Handler and D Nicol (eds) Emerging Challenges in Intellectual Property, Oxford (Australia) 2011, 103 – 125. de Rassenfosse, G. (2012) “How SMEs exploit their intellectual property assets: Evidence from survey data”, Small Business Economics, 39 (2), 437-452 de Rassenfosse, G. and van Pottelsberghe de la Potterie, B. (2012) “On the price elasticity of demand for patents”, Oxford Bulletin of Economics and Statistics, 74 (1), 58–77 Dent, C. ‘The TRIPS Agreement and an Experimental Use Exception for “Research Tools”’, Australian Economic Review 44(1) (2011) 73-8.

Dent, C. (2011) “Grey, Meticulous and Patently Documentary”: Foucaultian Historical Methods and the Patent System’. Journal of Sociology, 47(3), 297-312.

Dent, C., ‘Negotiating Control of Artefacts of Creation: Intellectual Property, Know-How, Confidential Information and Contracts’. International Review of Intellectual Property and Competition Law 43(3) (2012) 248-266.

Griffiths, W., Jensen, P. and Webster, E. (2011) What Creates Abnormal Profits? Scottish Journal of Political Economy, 58(3) 323-346.

Huang, V. Weatherall, K. and Webster. E. ‘The Use of Survey Evidence in Australian Trade Mark and Passing-Off Cases’ in Law of Reputation and Brands in the Asia Pacific Region, Edited by Andrew Kenyon, Ng-Loy Wee Loon and Megan Richardson, Cambridge University Press, pp 181-202.

Expenditures on Intangibles, Abacus, 48, 104-145.

Jensen, P.H., Thomson, R.K. and Yong, J.S. (2011). “Estimating the patent premium: Evidence from the Australian Inventor Survey”, Strategic Management Journal 32, 1128–38.

Kenyon, A, Ng-Loy, WL and Richardson, M (eds),(2012) Law of Reputation and Brands in the Asia Pacific (Cambridge University Press).

O’Connell V., & O’Sullivan, D. (2011), ‘The Impact of Customer Satisfaction on CEO Bonuses’, Journal of Academy of Marketing Science. 39(6), 823-45.

O’Sullivan, D, Luck, J. and Lim, K. (2012). ‘What is the value of a brand to firms’, Law of Reputation and Brands in the Asia Pacific Region, Kenyon A, Wee Loon N.-L. and Richardson M. (eds), Cambridge University Press.

Palangkaraya, A., Webster, E. and Jensen, P.H. (2011).

“Misclassification between patent offices: Evidence from a matched sample of patent applications”, Review of Economics and Statistics, 93(3), 1063–75.

Richardson, M and Kenyon, A. (2012), ‘Fashioning Personality Rights in Australia’ in A Kenyon, Ng-Loy WL and M Richardson (eds), Law of Reputation and Brands in the Asia Pacific (Cambridge U Press,).

Richardson, M., and Trabsky, M. (2011). ‘Radio and Technology of the Common Law in 1930s Australia: Victoria Park Racing v Taylor Revisited’, Griffith Law Review, 20(4), 1020.

Thomson, R., (2011), ‘Economic perspectives on innovation’, Australian Economic Review 44, 480–489 Weatherall, K., Rotstein, F., Dent, C. and Christie, A. (2011) ‘Patent Oppositions in Australia: The Facts’, University of New South Wales Law Journal, 34(1), 93-135.

Webster, E. and Jensen, P.H. (2011). “Do patents matter for commercialization?”, Journal of Law and Economics, 54(2), 431-53

Submissions to Government

Dent, C. (2012) Submission to the Victorian Government.

‘Whole of Victorian Government Intellectual Property Policy. Intent and Principles. Draft June 2012’.

Jensen, P.H and Webster, E. (2011), Submission to the Victorian Competition and Efficiency Commission’s Inquiry into a State-based Reform Agenda, July.

Elizabeth Webster, Paul Jensen, Gaetan de Rassenfosse, Russell Thomson and Alfons Palangkaraya (2012) Submission to the Victorian Government. ‘Whole of Victorian Government Intellectual Property Policy. Intent and Principles. Draft June 2012’, IPRIA and Melbourne Institute of Applied Economic and Social Research, University of Melbourne.

Hunter, L. C., Webster, E. and Wyatt, A. (2012) Accounting for

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ipria annual report 2011–12

Resources People

• Professor Chris Lloyd, Melbourne Business School, The University of Melbourne

ipria’s primary resource is its excellent personnel, which includes many outstanding researchers of international repute.

• Mr Owen Malone, Director - Intellectual Property, Treasury Wine Estates (Chair) • Mr Michael Mileo, Value Adviser Associates Pty Ltd • Mr Phillip Noonan, Director General, IP Australia • Professor Sam Ricketson, Melbourne Law School, The University of Melbourne • Mr Roy Rose, Immediate-Past President, Australian Industry Research Group • Dr Andy Sierakowski, Chairman, Knowledge Commercialisation Australia (KCA) • Ms Karen Sinclair, Principal, Watermark and Immediate Past-President, Licensing Executives Society of Australia and New Zealand (LESANZ) • Dr Rhonda Smith, Senior Lecturer, Department of Economics, The University of Melbourne • Mr John Walker, President, AMPICTA • Professor Beth Webster, Director, ipria

The ipria team comprises the Director, two Associate Directors and the Executive Officer. The Director and Associate Directors provide the leadership of the Institute’s research program.

In addition to its core research staff, ipria supports the work of, or collaborates with, an impressive network of associated researchers. These Research Associates are affiliated with leading universities in Australia, the United Kingdom, the United States and New Zealand. ipria is assisted in achieving its mission by an Advisory Board and an International Board of Assessors. The Advisory Board’s membership is drawn from industry, business, government, the professions, and the academy.

The International Board of Assessors includes leading intellectual property researchers from around the world.

During the course of the year, ipria played host to a number of visiting fellows for research and event purposes.

Director

Professor Elizabeth Webster BEcon, MA (Monash), PhD (Cambridge) Professorial Research Fellow, Melbourne Institute of Applied Economic and Social Research , The University of Melbourne.

Associate Directors

Dr Chris Dent BA, LLB, PhD (Murdoch) Senior Research Fellow, Melbourne Law School, The University of Melbourne Associate Professor Kwanghui Lim BEng (NUS), PhD (MIT) Associate Professor, Melbourne Business School

Executive Officer Michelle Wilson BA Hons (Melb) (until June 2012)

Advisory Board

The Advisory Board represents key external stakeholders in ipria and reflects the range of interests and activities undertaken by the Institute. The Advisory Board for 201112 is: • Mr Graham Cowin, President, IPTA • Mr Jefferson Harcourt, Managing Director, Grey Innovation

ipria annual report 2011–12

Research Fellows

Dr Gaétan de Rassenfosse BBSc BS(Science in Management) MA (Science in Management) PhD (Bruxelles) Professor Professor Paul Jensen BEc (Syd), PhD (AGSM) Associate Professor Don O’Sullivan PhD (National University of Ireland), MBS (University College Cork) Dr Alfons Palangkaraya BSC (UMo), MA (PennSt), PhD (OreSt) Professor Megan Richardson BA, LLB (Well), LLM (Yale), LLM – Comparative Law (BFU) Professor and Deputy Director, Centre for Media and Communications Law, Melbourne Law School, The University of Melbourne Dr Russell Thomson BSc, Grd. Cert. International Development, Grd. Dip. Econ, PhD (ANU)

Research Officers

Dr Richard Hayes BEng (Chem) (Syd), MBA (Melb), PhD (Melb) Mr Shaun Larcom B.Comm Hons (Melb), M.Phil (Cantab) Dr Amanda Lim BSc Hons (Melb), PhD (Melb), M.IP Law (Melb), Registered Australian Patent and Trade Mark Attorney

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Research Associates Associate Professor David Brennan B Comm LLB (Hons), PhD GCertUniTeach (Melb) Associate Professor, Melbourne Law School, The University of Melbourne Professor Andrew Christie BSc, LLB (Hons) (Melb), LLM (London), PhD (Cambridge) Davies Collison Cave Chair of Intellectual Property, Melbourne Law School, The University of Melbourne Professor Iain M Cockburn BSc (UoL), PhD (Harv) Professor of Finance and Economics, School of Management, Boston University Associate Professor Catherine de Fontenay PhD (Stanford), BA (Hons) (McGill) Associate Professor – Economics, Melbourne Business School, The University of Melbourne Associate Professor Nisvan Erkal BA (Macalester College), PhD (Maryland) Lecturer, Department of Economics, The University of Melbourne Professor Joshua Gans BEcon (Hons) (Qld), PhD (Stanford) Professor of Strategic Management, Jeffrey C. Skoll Chair of Technical Innovation and Entrepreneurship, Rotman School of Management, University of Toronto, USA Professor Christine Greenhalgh BSc Econ, MSc (LSE), PhD (Princeton) Professor of Applied Economics, St. Peter’s College, Economics Research Director of the Oxford Intellectual Property Research Centre, UK

Professor Danny Samson BE (Hons), PhD (UNSW) Professor of Management (Operations Management), Department of Management, The University of Melbourne Dr Rhonda Smith BCom (Hons), MA (Eco), DCom (Melb) Senior Lecturer, Department of Economics, The University of Melbourne Assistant Professor Deepak Somaya PhD (UoCalif ) (Berkeley) Assistant Professor, College of Business, University of Illinois, USA Professor Scott Stern BA, PhD (Stanford) School of Management, Distinguished Professor of Technological Innovation, Entrepreneurship and Strategic Management, MIT Sloan, USA Associate Professor Kimberlee Weatherall BA, LLB (Syd), BCL (Oxford), LLM (Yale) Senior Lecturer, TC Beirne School of Law, The University of Queensland Professor Anne Wyatt BComm (Hons) (USQ), PhD (UTS) Professor of Accounting, University of Queensland Business School Associate Professor Jongsay Yong BA, BSocSci (Hons), MSocSci (NUS), MA, PhD (UBC) Principal Research Fellow, Melbourne Institute of Applied Economic and Social Research, The University of Melbourne

Associate Professor David Hsu BA/BEcon (Stanford), PhD (MIT) Associate Professor of Management and Richard A Sapp Associate Professor, Wharton School, University of Pennsylvania, USA Professor Andrew Kenyon LLB (Hons) (Melb), LLM (London), PhD (Melb) Deputy Dean, Melbourne Law School and Co-Director, Centre for Media and Communications Law, The University of Melbourne Associate Professor Owen Morgan BA, LLB, PhD (Auck) Associate Professor, Commercial Law, The University of Auckland Business School and Research Associate, Mira Szaszy Research Centre Professor Sam Ricketson BA/LLB (Melb), LLM, LLD (London) Professor of Law, Melbourne Law School, The University of Melbourne and The Victorian Bar

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ipria annual report 2011–12

Research Expertise ipria’s expertise spans the broadest definition of intellectual property, covering issues relating to knowledge, personnel and intangible assets in addition to those associated with formal intellectual property rights, such as patents, trade marks and copyright. Its research examines issues associated with the creation, management and exploitation of intellectual property for both commercial gain and public good. ipria is a multidisciplinary centre which aims to: • support the development of world’s best practice public policy in relation to issues associated with the creation, protection, management, exploitation and enforcement of intellectual property rights; • improve the ability of Australian organisations to protect, manage and exploit intellectual property; and • contribute to the ongoing public debate in Australia about intellectual property issues and related matters, including innovation policy and economic growth, from an informed perspective. ipria’s research portfolio can be categorised under the following broad themes: Enforcement of IP: examines issues related to the enforcement and protection of IP both in Australia and overseas.

The Use of IP: focuses on intra-organisational issues relating to IP creation, protection and exploitation. Projects cover a wide range of issues from internal management of IP assets to strategies for maximising value and access to IP. Facilitating Knowledge Transfer: investigates inter-organisational effects of IP with a particular emphasis on the transfer of knowledge and IP. Projects in this theme explore issues associated with broader definitions of IP. The International Context: examines the influence of the international IP system and markets on trade and knowledge flows. Projects in this theme consider, for example, how IP policies influence free trade agreements.

The Efficiency of the IP System: focuses on the IP rights system and ways of improving it.

Understanding IP: considers the history of Australian patent policy and patent attorney privilege.

Within these themes ipria’s core staff have specialist expertise in: • • • • • • • • •

Intangible asset measurement, management and reporting Information technology law Organisation of innovative activity Copyright, patent and trademark law Competitive effects of, and strategy for, IP Drivers of national innovation Relationship between firm productivity and innovation Role of spillovers Appropriability of intellectual property

ipria annual report 2011–12

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Financial Position ipria was established in 2002 with foundation funding from the Commonwealth of Australia through IP Australia, the University of Melbourne and the State of Victoria. Following the successful 2005 Review the University of Melbourne and IP Australia have agreed to provide core funding for another four years. In addition to its core funding, ipria obtains financial resources from research funding bodies and various stakeholders. Those financial resources support specific research projects.

Financial Position, 2003-2012 2003

2004

2005

2006

July 2007June 2008

July 2008June 2009

July 2009June 2010

July 2010June 2011

July 2011June 2012

1,200,000

1,135,000

1,706,000

870,000

870,000

1,003,000

716,100

675,000

885,000

71,880

38,015

43,147

154,636

178,100

107,682

125,356

24,000

N/A

Income Core Funding Commissioned Work Other Income Total

12

35,525

74,879

68,413

9,246

62,057

62,127

35,082

20,420

19,695

1,307,405

1,247,894

1,817,560

1,033,882

1,110,157

1,172,809

876,538

719,420

904,695

ipria annual report 2011–12