2012-2013 IPRIA Annual Report

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Intellectual Property Research Institute of Australia

Annual Report 2012-13


Introduction Contents Introduction 2 Knowledge Transfer 4 Events 4 Publications 7 Resources 9 People 9 Research Expertise 11 Financial Position

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We began the (financial) year with a headline conference on the rise of innovative China. This event, which was run in both Sydney and Melbourne, featured expert China analysts Professors Ross Garnaut, Peter Yu, Xiaobo Wu, Bob Gregory, and Yanrui Wu; The Honourable John Brumby, and Drs Michael Wesley, John Lee and Mr Brett Kensett-Smith among others. We were delighted to have The Honourable Mark Dreyfus QC open the Melbourne conference. Later in the year we teamed up with Google to host a second conference, this time on competition and the online environment. Aside from key experts from the US (Professors Robert Harris and Catherine Tucker), we heard from Mr Graeme Samuel, Professor Stephen King, Dr David Gruen and Associate Professor Catherine Fontenay among others. We were privileged to attract The Right Honourable Sir Robin Jacob to Australia to speak on the European patent negotiations, along with The Honourable Justice John Middleton and The Honourable Justice Susan Crennan. With respect to shorter proceedings, we held two events concerned with governance issues. The first was a panel session on social responsibility and corporate behaviour, featuring Ms Judith Downes from bankmecu, Associate Professor Andrew John (MBS) and Ms Shelley Marshall from Monash University. We also heard from Dr Benjamin Balsmeier of the Katholieke Universiteit Leuven on the role of directors in corporate innovative performance. Professor Christine Greenhalgh presented a summary of what we know from the last ten years of empirical research on the determinants and effects of trade marks; Professor Dianne Nicol spoke about the analysis behind the review of pharmaceutical patents and Associate Professor Matthew Rimmer gave a history of IP and climate change; Associate Professor David Brennan discussed the raising the bar patent reforms; and Ms Anja Schön from Technische Universität Müchen talked about university-to-industry technology transfer in Europe. Finally, but certainly not least, Professor Andrew Christie and Associate Professor Chris Dent took a tour of the nation and presented six events on a comparative analysis patent examination processes in Europe, the US and Australia. Over and above these industry and profession orientated events, the IPRIA staff presented at 11 Australian

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conferences including the IP Academics conference, the Econometrics Australasian Conference, and the Australian Agricultural and Resource Economics Conference. We presented papers at 25 international academic events in Vietnam, South Korea, Singapore, France, Belgium, Spain, The Netherlands, the USA, Hong Kong, Germany and Italy. We held seven internal IPRIA workshops. These presentations are all underpinned by a large quantum of academic research, the quality of which is evidenced by the publication of 19 refereed journal articles; three reports; and four submissions to government. At the end of the year, we were sorry to lose the services of Ms Lyn Buchanan who has been an excellent executive officer for IPRIA over the year. However, we are glad she has found a position closer to home. Lyn has been replaced by Mr James Davis who filled the executive officer position for the remaining two months of its life. From August 2013, IPRIA will be re-structuring its portfolio of activities and the role of executive officer, which predominantly coordinated the IPRIA events, will no longer exist. As always, I have been fulsomely supported in my role of Director by Associate Professors Kwang Lim and Chris Dent. Not only have they initiated and led many of the IPRIA events, but they have also been active in the strategic direction of IPRIA research. I would especially like to thank Professor Paul Jensen for organising the Rise of Innovative China conference and Associate Professor David Brennan for bringing Sir Robin Jacobs to our shores. Finally, I wish to acknowledge the less apparent role of members of the IPRIA advisory board who have been a stalwart of support for the many and varied IPRIA activities: Dr Robert Chalmers, Dr Jason Coonan, Mr Graham Cowin, Mr Jefferson Harcourt, Professor Chris Lloyd, Ms Anne Makrigiorgos, Mr Owen Malone (Chair), Mr Michael Mileo, Dr Ben Mitra-Kahn, Mr Phillip Noonan, Professor Sam Ricketson, Mr Roy Rose, Dr Andy Sierakowski, Ms Karen Sinclair, Dr Rhonda Smith, Mr John Walker and Professor Ian Williamson.

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Professor Beth Webster Director 5 August 2013

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Knowledge Transfer Events Below is a list of events during the period covered by this report (July 2012 to June 2013).

Conferences

The Rise of Innovative China: Implications for the Region University of Technology Sydney, Thursday 19th; The University of Melbourne, Friday 20 July Keynote Speakers: The Hon John Brumby (Huawei Technologies); Professor Bob Gregory (Australian National University) (Sydney only); Professor Ross Garnaut (The University of Melbourne) (Melbourne only); Professor Yanrui Wu (University of Western Australia); Professor Xiaobo Wu (Zhejiang University, China); Professor Peter Yu (Drake University Law School, USA); Mr Brett Kensett-Smith (Intellectual Ventures); Dr Michael Wesley (Lowy Institute for International Policy) (Sydney only); Dr John Lee (Centre for International Security Studies, The University of Sydney) (Sydney only); Mr Leo Hyde (DuPont) (Sydney only); Mr Peter Rossi (Huawei Technologies) (Sydney only); The Hon Mark Dreyfus QC MP (Parliamentary Secretary for Climate Change and Energy Efficiency and Parliamentary Secretary for Industry and Innovation) (Melbourne only); Mr Ian McCubbin (National Vice President, Australia-China Business Council) (Melbourne only); Mr Philip Noonan (IP Australia) (Melbourne only); Ms Barbara Hilder (Austrade) (Melbourne only); Mr Chris Bird, (Allens Arthur Robinson) (Melbourne only) Competition in the Online Environment, IPRIA/Google invitation-only conference, Melbourne Business School, Wednesday 28 November Speakers: Associate Professor Catherine de Fontenay (Melbourne Business School); Professor Henry Ergas (SMART CRC and Deloitte); Dr David Gruen (The Treasury); Professor Robert Harris (University of California, Berkeley); Dr Tom Hird (Competition Economists Group); Professor Stephen King (Monash University); Mr Ramin Marzbani (Smart Services CRC); Dr Alexandra Merrett (The University of Melbourne); Mr Scott Minehane (Windsor Place Consulting); Mr Jeremy

Nicholas (BMF); Mr Alan Noble (Google Australia); Mr Graeme Samuel AC (Greenhill & Co. Australia Pty Ltd); Professor Catherine Tucker (Sloan MIT); Mr Simon Uthmeyer (DLA Piper); Dr Jill Walker (Australian Competition & Consumer Commission); Dr Philip Williams (Frontier Economics); Mr Richard York (Frontier Economics)

Public Seminars

Outside Directors on the Board and Innovative Firm Performance, IPRIA/IPTA Public Seminar. Speaker: Dr Benjamin Balsmeier (Post-doctoral Research Fellow, Katholieke Universiteit Leuven) • Brisbane, 10 July 2012 The Use of Subject Matter with Missing Owners – Australian Copyright Policy Options, IPRIA Public Seminar. Speaker: Associate Professor David Brennan (Melbourne Law School and IPRIA, The University of Melbourne) • Adelaide, 10 July 2012 • Perth, 11 July 2012 • Melbourne, 23 July 2012 The Fair Basis and Sufficiency Raising the Bar Reforms, IPRIA/IPTA Public Seminar. Speaker: Associate Professor David Brennan (Melbourne Law School and IPRIA, The University of Melbourne) • Adelaide, 10 July 2012 • Perth, 12 July 2012 • Sydney, 16 July 2012 • Melbourne, 23 July 2012 An Empirical Comparison of the Outcome of Patent Examination in the USPTO, the EPO and IP Australia, IPRIA/ IPTA/IP Australia Public Seminar. Speakers: Professor Andrew Christie (Foundation Chair of Intellectual Property, Melbourne Law School and IPRIA, The University of Melbourne); and Associate Professor Chris Dent (Senior Research Fellow, Melbourne Law School and Associate Director (Law) IPRIA, The University of Melbourne)

Pictured: Professor Stephen King at Competition in the Online Environment (IPRIA/Google conference)

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• • • • • •

Adelaide, 1 November 2012 Perth, 2 November 2012 Brisbane, 7 November 2012 Sydney, 19 November 2012 Canberra, 20 November 2012 Melbourne, 21 November 2012

What is Government’s Role in Regulating and Fostering Socially Responsible Behaviour from Australian Companies?, IPRIA/MBS Public Seminar. Speakers: Associate Professor Andrew John (Economics, Melbourne Business School); Ms Shelley Marshall (Senior Lecturer, Monash University); and Ms Judith Downes (Non-Executive Director, bankmecu). • Melbourne, 14 November 2012 University-to-Industry Technology Transfer in Europe, IPRIA/KCA Public Seminar. Speakers: Dr Anja Schön (Schöller Chair in Technology and Innovation Management at Technische Universität München [TUM]); Mr Jason Coonan (General Manager, Contract and Asset Management, UoM Commercial Ltd) (Melbourne only); and Mr Robert Chalmers (Managing Director, Adelaide Research and Innovation Pty Ltd and Chair, Knowledge Commercialisation Australasia) (Adelaide only) • Melbourne, 26 November • Adelaide, 29 November Patents - is Europe making a mess of things? Lessons for Australia?, IPRIA & Melbourne Law School Public Seminar. Keynote Speaker: The Rt Hon. Sir Robin Jacob (Hugh Laddie Professor of Intellectual Property Law and Director of the Institute of Brand and Innovation Law, University College London); Comment: an Australian Perspective: The Hon. Justice John Middleton (Judge, Federal Court of Australia); and Chair: The Hon. Justice Susan Crennan AC (Justice, High Court of Australia) • Melbourne, 20 February 2013 Top 10 Things You Should Know about World Trademarking!, IPRIA & IPTA/IP Australia Public Seminar. Speaker: Professor Christine Greenhalgh (Emeritus Professor of Applied Economics, University of Oxford, and an Emeritus Fellow of St Peter’s College) • Melbourne, 26 March 2013 • Canberra, 5 April 2013 The 2013 Review of Pharmaceutical Patents, IPRIA & IPTA/ UTS Faculty of Law Public Seminar. Speaker: Professor Dianne Nicol (Professor of Law, University of Tasmania) • Melbourne, 29 April 2013 • Sydney, 30 April 2013 Intellectual Property and Climate Change: Breaking the Doha Deadlock, IPRIA & International Association for the Protection of Intellectual Property (AIPPI) Public Seminar. Speaker: Associate Professor Matthew Rimmer (Australian

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Pictured: Professor Dianne Nicol at The 2013 Review of Pharmaceutical Patents (IPRIA & IPTA/UTS Faculty of Law Public Seminar).

National University, College of Law) • Melbourne, 11 June 2013 • Sydney, 13 June 2013

Internal Academic Seminars

University-to-industry technology transfer – invention and organizational factors, (26 October 2012). Speaker: Anja Schön (TUM School of Management, Germany) Does the outsourcing of prior art search increase the efficiency of patent examination process?, (20 September 2012). Speaker: Dr Isamu Yamauchi (Institute of Innovation Research, Hitotsubashi University, Japan) To protect or not protect against copyright infringement, (16 May 2013). Speaker: Dr Dyuti Banerjee (Monash University) Innovation and intellectual property in India – new directions and prospects, (21 March 2013). Speaker: Professor Christine Greenhalgh (University of Oxford) Life-cycle inventive productivity of industrial inventors: education and other determinants, (8 March 2013). Speaker: Dr Koichiro Onishi (Osaka Institute of Technology) End point royalties and the performance of Australian wheat breeders, (25 January 2013). Speaker: Dr Russell Thomson, (Melbourne Institute, University of Melbourne) Patent examination and disguised protection, (28 February 2013). Speaker: Fei Yu (University of Western Australia)

External Presentations and Conference Papers Australian Dent, C., ‘Empirical Evidence of the Patenting of Pharmaceutical Innovations’, IP Academics Conference, Adelaide, July 2012.

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Dent, C., ‘Trade Marks and the 19th Century Public – Lessons from Contract Disputes’, delivered at Media, Communication, Publics Conference, February 2013, Melbourne. de Rassenfosse, G., ‘Do firms face a trade-off between the quantity and quality of their inventions’, 14th ISS Conference, University of Queensland, Brisbane, July 2012. Lim, K., ‘The Deteriorating Career Prospects of Scientists’, Econometrics Australasia Conference, Melbourne, July 2012. Lim, K., ‘The Deteriorating Career Prospects of Scientists’, Econometrics Australasia Conference, Melbourne, July 2012. Lim, K. Guest speaker on Singapore, Andrew John’s MBS course on Macroeconomics. 5 June 2013. Lim, K. Guest speaker on Internet Business Models, Unimelb Law Masters course by Megan Richardson & Dan Hunter, Law School. 3 June 2013. Thomson, R., ‘End-point royalties and the performance of Australian wheat breeders., Australian Agricultural and Resource Economics Conference, Sydney, Australia, February 2013. Webster, E., ‘Measuring productivity at the firm level’ Presentation to the Innovation Division of the Department of Innovation, Industry, Science, Research and Tertiary Education, Binara Ave, Canberra, 1 March 2013. Webster, E., ‘Trust, Incomplete Contracts and the Market for Technology’, Productivity Commission, Melbourne, 4 June 2013. Williamson, I.O., ‘Talent Retention Strategies in the Legal Profession’, Mahlab Recruitment Legal Survey 2012 Breakfast, Melbourne and Sydney, August 2012.

de Rassenfosse, G., ‘The worldwide count of priority patent applications: A new indicator of inventive activity’, OECD Patent Statistics for Decision Makers, Paris, France, December 2012. de Rassenfosse, G. Series of presentations on Management Innovation. Open University of Ho Chi Minh City, Ho Chi Minh, Vientam, June 2013. de Rassenfosse, G. Series of presentations on Management Innovation. National University of Hanoi, Hanoi, Vientam, June 2013. de Rassenfosse, G., ‘Are patent fees effective at weeding out low-quality patents?’ 5th ZEW/MaCCI Conference on Economics of Innovation and Patenting, Mannheim, Germany, June 2013. de Rassenfosse, G., ‘Are patent fees effective at weeding out low-quality patents?’ Sixth Annual Searle Conference on Innovation and Entrepreneurship, Chicago, USA, June 2013. de Rassenfosse, G., ‘Are patent fees effective at weeding out low-quality patents?’ 35th DRUID Celebration Conference 2013, Barcelona, Spain, June 2013. Jensen, P.H., ‘Transaction Costs, Third-Party Patents and Academic Scientists’, Third Asia-Pacific Innovation Conference, Seoul National University, Republic of Korea, October 2012. Jensen, P. H., ‘Patent examination outcomes and the national treatment principle’, Hong Kong Economic Association Biennial Conference, Hong Kong, December 2012. Jensen, P., ‘How do patents affect academic scientist’s choice of research projects’, Hong Kong Economic Association Biennial Conference, Hong Kong, December 2012.

Williamson, I.O., ‘Creating Value Through People: HR & Innovation’ Mt. Eliza Leaders Series, Sydney, NSW, August 2012.

Lim, K., ‘Scientific Human Capital, R&D Alliances and the Patent Performance of Biotechnology’, Third Asia-Pacific Innovation Conference, Seoul National University, Republic of Korea, October 2012.

International

Lim, K., ‘Entrepreneurship networks and start-up ecosystems’, a public seminar presented at ‘The Hub’, Singapore, December 2012.

Dent, C., ‘Comparative Analysis of Patent Examination Processes: What Harmonisation?’, 7th Annual Conference of the EPIP Association: IP in Motion – Opening Up IP, Leuven, Belgium, September 2012. Dent, C., ‘Qualitative Empirical Research Methods and their Application to Restraint of Trade Clauses’, delivered at Mobility & Competition Clause Workshop, LMU, Munich, December 2012. de Fontenay, C., ‘The Deteriorating Career Prospects of Scientists’, North American Summer Meetings of the Econometric Society, Evanston Illinois, June 2012. de Rassenfosse, G., ‘Are patent fees effective at weeding out low quality patents?’, European Association for Research in Industrial Economics, Guido Carli, Italy, September 2012. de Rassenfosse, G., ‘Are patent fees effective at weeding out low quality patents?’, Third Asia-Pacific Innovation Conference, Seoul National University, Republic of Korea, October 2012.

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Thomson, R., ‘Quantifying the effect of foreign technology sourcing (off-shoring research) on domestic industry’, Third Asia-Pacific Innovation Conference, Seoul National University, Republic of Korea, October 2012. Webster, E., ‘Myths, Economics and Legal analysis’, 31st Annual Congress of the International Association for the Advancement of Teaching and Research in Intellectual Property, Chicago, USA, July 2012. Webster, E., ‘Sealing the deal in the market for technology’, UNU-MERIT Seminar Series, Maastricht, The Netherlands, September 2012. Webster, E., ‘Do Patents shield disclosure or assure exclusivity – when transacting technology?’, 7th Annual Conference of the EPIP Association: IP in Motion – Opening Up IP, Leuven, Belgium, September 2012.

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Pictured (from left): Associate Professor Andrew John; Professor Beth Webster; Ms Judith Downes; Dr Shelley Marshall; and Mr Nigel Ridgway at What is Government’s Role in Regulating and Fostering Socially Responsible Behaviour from Australian Companies (IPRIA/MBS Public Seminar )

Webster, E., ‘Myths, Economics and Legal analysis’, University of Leuven Seminar Series, Belgium, October 2012. Webster, E., ‘Trust, Incomplete Contracts and the Market for Technology’, Third Asia-Pacific Innovation Conference, Seoul National University, Republic of Korea, October 2012. Webster, E., ‘Reforming corporate reporting of investment in KBC: why is this important, and can anything be done?’, Project conference - Growth, Innovation and Competitiveness: Maximising The Benefits of Knowledge-Based Capital, OECD, Paris France, February 2013. Webster, E., ‘Reforming corporate reporting of investment in Knowledge-based capital: Why is this important and can anything more be done’ OECD Conference, Growth, Innovation and competitiveness – Maximising the Benefits of Knowledge-Based Capital, February 2013, Paris. Webster, E., ‘Do patents shield disclosure or assure exclusivity when transacting technology?’, 35th Druid Celebration Conference 2013, Barcelona, Spain, June 2013

Media

Kwanghui Lim, quoted in Damien Woolnough and Blair Speedy’s article on online retailing, The Australian, 14 Dec 2012. Kwanghui Lim, quoted in an article on the disruptive innovation, BRW, 16 Aug 2012. Kwanghui Lim, quoted in an article on the film industry, BRW, 13 June 2012. Kwanghui Lim, quoted in ‘Squeezing value from mergers and acquisitions’, LeadingCompany, 4 June 2012. Kwanghui Lim, quoted in Myriam Robin’s story, ‘Qantas and Virgin fight over market share’, Leading Company, 26 April 2012. Kwanghui Lim, quoted in Jackie Range’s story on Welcome’s support for Open Science in BRW, 19 April 2012.

ipria annual report 2012–13

Kwanghui Lim. Quoted in David James’ article, ‘Revolutionary thinkers: Michael Porter’s strategy gamechanger’, LeadingCompany, 28 February 2013. Ian Williamson, quoted in Verhoeven, M. (2012). ‘The Employee Always Knows Best’, OdeWire, August 21, http:// odewire.com/278494/the‐employee‐always‐knows‐best.html. Ian Williamson, quoted in BizEd (2012). ‘Maximizing the Success of Self‐Managed Teams’. Vol. 11, 4, p. 50. Ian Williamson, quoted in Walters, K. (2012). ‘Improving productivity: Where to start?’, Leading Company, July 12, http://www.leadingcompany.com.au/productivity/improving‐ productivity‐where‐tostart/ 201207121743.

Publications 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.

IPRIA Publications Reports

Christie, A. (2012) ‘Voluntary Mechanisms for Resolving IP Disputes’. Report for WIPO Advisory Committee on Enforcement. Palangkaraya, P., Webster, E. and Cherastidtham, I. (2012) ‘Evidence‐based policy: Data needed for robust evaluation of industry policies’. Report for the Australian Department of Industry, Innovation, Science, Research and Tertiary Education Thomson, R. and Webster, E. (2013) ‘Methods for benchmarking business productivity and performance’ A Report for the Australian Department of Industry, Innovation, Science, Research and Tertiary Education, Intellectual Property

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Pictured (from left): Mr Phillip Noonan; The Hon. Mr Mark Dreyfus; Professor Ross Garnaut; The Hon. Mr John Brumby; Mr Ian McCubbin; and Professor Zeger Degraeve at The Rise of Innovative China: Implications for the Region (IPRIA Conference)

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

Refereed Publications

Mayer, K.J., Somay, D. and Williamson, I.O. (2012). ‘FirmSpecific, Industry-Specific and Occupational Human Capital and the Sourcing of Knowledge Work’, Organization Science. 23 (5): 1311-1329.

Christie, A., Dent, C., McIntyre, P., Wilson, L. and Studdert, D. (2013). ‘Patents Associated with High-Cost Drugs in Australia’ PLoS One 8(4): e60812. doi:10.1371/journal.pone.0060812

McGuinness, S., Webster, E. and Mavromaras, K. (2012). ‘What Are the Characteristics of the Employers of the Low Paid in Australia?’, Australian Bulletin of Labour. 38(1): 26-47

Dent, C. (2012). ‘The Possibilities of a Regulatory Approach to Answer the Question: Should Genetic Inventions be Patentable?’ Journal of Law, Information and Science. 22(1): 16-31.

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

Dent, C. (2013). ‘(Potential) Regulatory Function of Contractual Clauses: Restraints of Trade and Confidential Information in Employment Contracts’, Australian Journal of Labour Law. 26(1) 1-19. 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. (2013). ‘Do firms face a trade-off between the quantity and the quality of their inventions?, Research Policy. 42(5), 1072-1079. de Rassenfosse, G. and van Pottelsberghe, B. (2012). ‘On the price elasticity of demand for patents’, Oxford Bulletin of Economics and Statistics. 74 (1), 58–77 de Rassenfosse, G., Dernis, H., Guellec, D., Picci, L. and van Pottelsberghe de la Potterie, B. (2013). ‘The worldwide count of priority patents: A new indicator of inventive activity’, Research Policy. 42 (3): 720-737 Hunter, L. C., Webster, E. and Wyatt, A. (2012). ‘Accounting for Expenditures on Intangibles’, Abacus. 48, 104-145. Hunter, D., Lobato, R., Richardson, M. and Thomas, J. (eds). (2012). Amateur Media: Social, Cultural and Legal Perspectives. London and New York: Routledge. Leahy, A. and Jensen, P.H. (2011). ‘Australia’s engagement with Asia, 1990-2010’. Australian Economic Review. 44 (4): 418-426. Lim, K., Soh, P.H. and Subramanian, A.M. (2013). ‘When birds of a feather don’t flock together: Different scientists and the roles they play in biotech R&D alliances’, Research Policy. 42 (3): 595-61

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O’Sullivan, D. and McCallig, G. (2011). ‘Customer Satisfaction, Current Earnings and Firm Value’, European Journal of Marketing. 20:337-351 Richardson, M., Bryan, M., Vranken, M. and Barnett K. (2012). Breach of Confidence: Social Origins and Modern Development. Cheltenham, UK: Edward Elgar Publishing Thomson, R. (2013). ‘National scientific capacity and R&D offshoring’, Research Policy. 42 (2): 517-528 Thomson, R. & Webster, E. (2012). ‘The Design of R&D Support Schemes for Industry’, Economic Papers. 31 (4) : 464-477 Weatherall, K. and Webster, E. (2013). ‘Patent Enforcement: a Review of the Literature’, Journal of Economic Surveys. doi: 10.1111/joes.12009

Submissions to Government Christie, A., Dent, C., McIntyre, P., Wilson, L. and Studdert, S. (2013). Submission to Pharmaceutical Patents Review – Response to Draft Report, April. Dent, C. (2012). Submission to Australian Law Reform Commission – Copyright and the Digital Economy Issues Paper. Dent, C. (2012). Submission to IP Australia – Innovation Patents: Raising the Step Consultation Paper. Webster, E., Jensen, P.H., de Rassenfosse, G., Thomson, R. and Palangkaraya, A. (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.

ipria annual report 2012–13


Resources People

• •

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

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

Associate Professor Chris Dent BA, LLB, PhD (Murdoch) Senior Research Fellow, Melbourne Law School, The University of Melbourne

• • • •

Dr Jason Coonan, UoM Commercial Mr Graham Cowin, Immediate-Past President, The Institute of Patent and Trade Mark Attorneys of Australia (IPTA) Mr Jefferson Harcourt, Managing Director, Grey Innovation Professor Chris Lloyd, Melbourne Business School, The University of Melbourne Ms Anne Makrigiorgos, President, The Institute of Patent and Trade Mark Attorneys of Australia, (IPTA) Mr Owen Malone, Director, Intellectual Property, Treasury Wine Estates (Chair) Mr Michael Mileo, Director, Quintas Corporate Advisory Pty Ltd Dr Ben Mitra-Kahn, Chief Economist, IP Australia 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, Director, Licensing & Technology Management P/L Professor Beth Webster, Director, ipria Professor Ian Williamson, Melbourne Business School, The University of Melbourne

Research Fellows

Associate Professor Kwanghui Lim BEng (NUS), PhD (MIT) Associate Professor, Melbourne Business School

Dr Gaétan de Rassenfosse BBSc BS(Science in Management) MA (Science in Management) PhD (Bruxelles)

Executive Officer

Professor Paul Jensen BEc (Syd), PhD (AGSM)

Ms Lyn Buchanan (until May 2013) Mr James Davis BA (Melb) (from May 2013)

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 2012-13 is: •

Dr Robert Chalmers, Chairman, Knowledge Commercialisation Australia (KCA)

ipria annual report 2012–13

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)

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Professor of Applied Economics, St. Peter’s College, Economics Research Director of the Oxford Intellectual Property Research Centre, UK 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

Research Officers

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

Mr Shaun Larcom B.Comm Hons (Melb), M.Phil (Cantab)

Professor Sam Ricketson BA/LLB (Melb), LLM, LLD (London) Professor of Law, Melbourne Law School, The University of Melbourne and The Victorian Bar

Pictured (from left): IPRIA Executive Officer Ms Lyn Buchanan; Ms Jenny Chen; and Professor Paul Jensen

Dr Richard Hayes BEng (Chem) (Syd), MBA (Melb), PhD (Melb)

Dr Amanda Lim BSc Hons (Melb), PhD (Melb), M.IP Law (Melb), Registered Australian Patent and Trade Mark Attorney

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)

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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

ipria annual report 2012–13


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

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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, 2003-2013 July 2007June 2008

July 2008June 2009

July 2009June 2010

July 2010June 2011

July 2011June 2012

July 2012 - June 2013

2003

2004

2005

2006

1,200,000

1,135,000

1,706,000

870,000

870,000

1,003,000

716,100

675,000

885,000

685,000

Commissioned Work

71,880

38,015

43,147

154,636

178,100

107,682

125,356

24,000

N/A

N/A

Other Income

35,525

74,879

68,413

9,246

62,057

62,127

35,082

20,420

19,695

35,777

1,307,405

1,247,894

1,817,560

1,033,882

1,110,157

1,172,809

876,538

719,420

904,695

720,777

Income Core Funding

Total

12

ipria annual report 2012–13


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