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Associate Professor Kimberlee Weatherall

Profile


Degrees and Qualifications

BA LLB (Hons) Sydney BCL Oxf LLM Yale


Courses Taught

  • IP: Copyright & Designs (UG/JD)
  • IP: Patents and Trade Marks (UG/JD)
  • Copyright (Masters)


Research Interests

  • Copyright
  • Patent
  • Trade Marks
  • Law and Technology
  • Intellectual Property and International Trade
  • Legal History
  • Empirical Legal Research
  • Law and Economics


Brief Biographical Details

Kimberlee Weatherall is an Associate Professor at the Sydney Law School. Prior to joining the School in 2012, Kimberlee held positions at the University of Queensland, the University of Melbourne and the Intellectual Property Research Institute of Australia.

Kimberlee teaches and researches in intellectual property law, with a particular interest in digital copyright, the relationship between international trade and intellectual property, and the systems for administration and enforcement of intellectual property rights. She has published in a range of Australian and international journals, has been invited to speak in the US, Japan, Taiwan, China, the UK, Europe, Singapore and New Zealand, and has given expert evidence to Parliamentary and law reform committees. She has been a member of the Law Council of Australia IP Subcommittee since 2006.

Publications

Book Chapters | Refereed Journal Articles | Non-Refereed Articles | Conference/Seminar Presentations | Research Reports | Submissions

Book Chapters

  • Weatherall, K, 'The relationship between user-generated content and commerce', in D Hunter, R Lobato, M Richardson and J Thomas(eds), Amateur Media: Social, Cultural and Legal Perspectives, Routledge (2012) 59-69
  • Huang, V, Weatherall, K & Webster, E ‘The Use of Survey Evidence in Australian Trade Mark and Passing Off Cases’, in A Kenyon, N Wee Loon & M Richardson (eds), Law of Reputation and Brands in the Asia Pacific Region, Cambridge University Press: New York (2012) 181-202
  • Weatherall, K, ‘IP in a Changing Information Environment’, in K Bowrey, M Handler and D Nicol (eds), Emerging Challenges in Intellectual Property, Oxford University Press: Melbourne (2011) 1–29
  • Weatherall, K, ‘The politics of linkages in U.S. preferential trade agreements’, in T Brode, M Busch and A Porges (eds), The Politics of International Economic Law, Cambridge University Press: New York (2011) 40–61
  • Weatherall, K, ‘Intellectual Property in a Possible China-Australia Free Trade Agreement’ in S Jayasuriya, D MacLaren and G Magee (eds), Negotiating a Preferential Trading Agreement: Issues, Constraints and Practical Options, Edward Elgar: Cheltenham UK (2009) 155–169
  • Christie, A, Waller, S & Weatherall, K, ‘Exporting the DMCA through Free Trade Agreements’, in C Heath and A K Sanders (eds), Intellectual Property and Free Trade Agreements, Hart Publishing: Oxford (2007) 211–223
  • Weatherall, K, ‘The Impact of Copyright Treaties on Broadcast Policy’, in A Kenyon (ed), TV Futures: Digital Television Policy in Australia, Melbourne University Press: Melbourne (2007) 242–273
  • Weatherall, K, ‘Pretend-y Rights: On the Insanely Complicated New Regime for Performers’ Rights in Australia, and how Australian Performers got Ripped Off’ in F MacMillan and K Bowrey (eds), New Directions in Copyright Law Vol 3, Edward Elgar: Cheltenham UK (2006) 171–197

Refereed Journal Articles

  • Weatherall, K, 'Evaluating SOPA: Who Should Enforce IP Online?' (2012) 62(4) Telecommunications Journal of Australia 59.1-59.13
  • Weatherall, K, ‘The New (Old) War on Copyright Infringement, and how Context is Opening New Regulatory Possibilities’ (2012) Media International Australia 110-121
  • Weatherall, K, ‘So Call Me a Copyright Radical’ (2011) 29(4) Copyright Reporter 123-133
  • Weatherall, K, ‘Providing Services to Copyright Infringers – iiNet in the High Court’ (2011) 33(4) Sydney Law Review 801-830
  • Weatherall, K, Rotstein, F, Dent, C & Christie, A, ‘Patent Opposition in Australia: The Facts’ (2011) 34(1) University of NSW Law Journal 93-135
  • Weatherall, K, ‘Politics, Compromise, Text, and the Failures of the Anti-Counterfeiting Trade Agreement’ (2011) 33(2) Sydney Law Review 229-263
  • Weatherall, K, ‘ACTA as a New Kind of International IP Lawmaking’ (2011) 26(3) American University International Law Review 839-901
  • Weatherall, K, ‘Stories of Copyright Policy: The Shift to an Innovation Agenda and What It Might Mean’ (2011) 61(1) Telecommunications Journal of Australia 11.1–11.16
  • Weatherall, K & Weber, E, ‘Patent Infringement in Australia: Results from a Survey’ (2010) 38(1) Federal Law Review 21–70
  • Weatherall, K, ‘t's Not Just Competitors: Acknowledging and Accommodating “Interfering Busybodies” and their Challenges to Patent Validity’ (2009) 12(5) Journal of World Intellectual Property 500–523
  • Burrell, R & Weatherall, K, ‘Exporting Controversy? Reactions to the Copyright Provisions of the US-Australia Free Trade Agreement: Lessons for US Trade Policy’ (2008) (2) University of Illinois Journal of Law, Technology and Policy 259–319
  • Leahy, A, MacLaren, D, Morgan, D, Weatherall, K, Webster, E & Yong, J, ‘In the Shadow of the China-Australia FTA Negotiations: What Australian Business Thinks about IP’ (2008) 27(1) Economic Papers 1–18
  • Weatherall, K, ‘Of Copyright Bureaucracies and Incoherence: Stepping Back from Australia’s Recent Copyright Reforms’ (2007) 31(3) Melbourne University Law Review 967–1016
  • Rotstein, F & Weatherall, K, ‘Filing and Settlement of Patent Disputes in the Federal Court 1995-2005’ (2007) 68 Intellectual Property Forum 65–74
  • Bosland, J, Weatherall, K & Jensen, P, ‘Trade Mark and Counterfeit Litigation in Australia' (2006) 4 Intellectual Property Quarterly 347–377
  • Weatherall, K, ‘Can substantive law harmonisation and technology fix conflicts problems?’ (2006) 11(4) Media and Arts Law Review 393–417
  • Dent, C & Weatherall, K, ‘Lawyers Decisions in Australian Patent Dispute Settlements: An Empirical Perspective’ (2006) 17(4) Australian Intellectual Property Journal 255–276
  • Weatherall, K & Jensen, P, ‘An Empirical Investigation into Patent Enforcement in Australian Courts’ (2005) 33(2) Federal Law Review 239–286
  • Weatherall, K, ‘A very dynamic issue: international developments in privacy in the last 12 months’ (2003) 38 AIAL Forum 81–91
  • Fagin, M, Pasquale, F & Weatherall, K, ‘Beyond Napster: Using Antitrust Law to Advance and Enhance Online Music Distribution’ (2002) 8(2) Boston University Journal of Science and Technology Law 451–573
  • Weatherall, K, ‘Culture, Autonomy and Djulibinyamurr: Individual and Community in the Construction of Rights to Traditional Designs’(2001) 64(2) Modern Law Review 215–242
  • Weatherall, K, ‘An End to Private Communications in Copyright? The Expansion of Rights to Communicate Works to the Public – Part 1’(1999) 21(7) European Intellectual Property Review 342–353
  • Weatherall, K, ‘An End to Private Communications in Copyright? The Expansion of Rights to Communicate Works to the Public – Part 2’(1999) 21(8) European Intellectual Property Review 398–409
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Non-Refereed Articles

  • Weatherall, K, ‘Response to Dale Clapperton's Article: The elusive ‘link’ to infringement in the Copyright Amendment Bill 2006: now you see it, now you don’t’ (2007) 19(9) Australian Intellectual Property Law Bulletin 145–146
  • Weatherall, K, ‘Infringement of copyright in television broadcast –What constitutes “substantial” portion of original broadcast – Substantiality depends on quality not quantity – Copyright Act 1968 (Cth), Secs. 10, 87, 91 – [2005] FCAFC 53 – TCN Channel Nine Pty Limited v. Network Ten Pty Limited (No. 3) – “The Panel”'(2006) 73(3) IIC: International Review of Intellectual Property and Competition Law 356–357
  • Weatherall, K, ‘Locked In: Australia Gets a Bad Intellectual Property Deal’ (2004) 20(4) Policy: a journal of public policy and ideas 18–24
  • Rolph, D & Weatherall, K, ‘Implications of Dow Jones v Gutnick: Strum und Drang or Storm in a teacup? - Part 2’ (2003) 6(2) Internet Law Bulletin 18–22
  • Rolph, D & Weatherall, K, ‘Implications of Dow Jones v Gutnick: Strum und Drang or Storm in a teacup? - Part 1’ (2003) 6(1) Internet Law Bulletin 7–11


Conference/Seminar Presentations

  • Weatherall, K, 'The Lessons of ACTA and its Aftermath’, Suffolk Transnational Law Review 2012 Symposium: Understanding the Global Impact of the Anti-Counterfeiting Trade Agreement, Boston, US, 23 February 2012
  • Weatherall, K, ‘ACTA and the TPP: a new breed of international IP agreements, and what they tell us about international IP law-making’, presented at the International Conference on Trade, Science, Technology, and Justice, Taiwan, 1-2 November 2011
  • Weatherall, K, ‘The Trans-Pacific Partnership: Concerns about Intellectual Property’, Seminar presented to Members of the Japanese Parliament, 26 October 2011
  • Weatherall, K, ‘Copyright: A Time Traveller’s Perspective’, presented at the Biennial Copyright Symposium, Sydney, 13-14 October 2011
  • Weatherall, K, ‘Why Developed Countries should be interested in the Development Agenda’, presented at the Global Congress on Public Interest Intellectual Property Law, Washington DC, 25-27 August 2011
  • Weatherall, K, ‘The Impact of ACTA’, presented at the 30th Annual ATRIP Congress IP Law at the Crossroads of Trade, Singapore, 25-27 July 2011
  • Weatherall, K, ‘Developments in American Copyright Law’, Panellist, Fordham Intellectual Property Conference, New York, 12-13 April 2011
  • Weatherall, K, ‘Telling Stories in Copyright Policy’, presented at the Centre for Media and Communications Law International Conference: Media, Communications and Public Speech, Melbourne, 25-26 November 2010
  • Weatherall, K, ‘The Future of Copyright Law in Australia and The Role of ISPs’, presented at Australian High Tech Crime Conference, Sydney, 7 September 2010
  • Weatherall, K, ‘The Anti-Counterfeiting Trade Agreement and Australia’, presented at American University, Washington DC, June 2010
  • Weatherall, K, ‘Copyright and Architecture’, presented at the UQ–Cambridge IP History Roundtable, Cambridge, UK, 15 April 2009
  • Weatherall, K, ‘As others see us: The political costs of expanding the issues in US Bilateral Trade Policy’, presented at 2008 Biennial Interest Group Conference: The Politics of International Economic Law: The Next Four Years, Washington DC, 13-15 November 2008
  • Weatherall, K, ‘What role in Patent Systems for Interfering Busy Bodies?’, presented at The New Zealand Centre for International Economic Law Conference: Patent Law Reform - Getting it right to support and Drive Innovation, Wellington, New Zealand, 29-30 May 2008
  • Weatherall, K, ‘The OzDMCA and what it means for FOSS’, linux.conf.au, (leading technical conference for open source software), Sydney, 15-20 January 2007
  • Weatherall, K, ‘Would you ever recommend Creative Commons licenses?’, presented at Unlocking IP Conference: Creating Commons: The Tasks Ahead in Unlocking IP, Sydney, 10-11 July 2006
  • Weatherall, K, ‘Intellectual Property in the Australia-China Free Trade Agreement’, presented at Australia-China FTA Conference, Shenzhen, China, 28-29 June 2006
  • Weatherall, K, ‘Drafting the Oz-DMCA: The New Anti-Circumvention Law in Australia?’, presented at ACIPA 11th Annual Copyright Conference, Brisbane, 17 February 2006
  • Weatherall, K, ‘Pretend-y Rights: On the Insanely Complicated New Regime for Performers’ Rights in Australia, and how Australian Performers got Gypped’, presented at AHRC Copyright Research Network Workshop: Developments in Rights Neighbouring on Copyright, Sydney, 30 March 2005
  • Weatherall, K, ‘Creative Commons Licensing and the Public Domain’, presented at Unlocking IP Conference, Sydney, 18-19 November 2004

Research Reports

  • Weatherall, K, Webster, E & Bentley, L, IP Enforcement in the UK and Beyond: A Review of the Literature. Report for the Strategic Advisory Board on Intellectual Property (2009). Available at http://www.sabip.org.uk/home.htm
  • Weatherall, K, Open Licensing and the State Library of Victoria: A Consideration of Copyright Strategies for the Digital Dissemination of Certain Library Publications. Report for the State Library of Victoria (2006) (with E. Hudson, A. Newell)
  • Weatherall, K, Use of Creative Commons and Similar Licensing Mechanisms by Governmental and Public Institutions. Report for the State Government of Victoria, Department of Innovation, Industry and Regional Development (2006) (with E. Hudson, F. Rotstein)
  • Weatherall, K, Copyright, the Arts and Artists in Australia: A Review. Report for the Australia Council for the Arts (2006) (with C. Dent)
  • Weatherall, K, Factors Affecting the Use of Intellectual Property Protection by Small and Medium Enterprises in Australia. Report for the Commonwealth Department of Industry, Tourism and Resources (2004) (with P. Jensen, O. Morgan, E. Webster, R. M. Casselman, J. Gans, and E. Gay)
  • Weatherall, K, A Study of Funding for Major Research Infrastructure and University Sector Research in Six Countries. Report for the Commonwealth Department of Education, Science and Training (2003) (with Y. Adal, S. Elkman and S. Moritz)

Submissions

  • Weatherall, K, Submission to the Joint Standing Committee on Treaties Inquiry into the Anti-Counterfeiting Trade Agreement (January 2012)
  • Weatherall, K, ‘An Australian Analysis of the February 2011 Leaked US TPPA IP Chapter Text – copyright and enforcement’, Submission to the Department of Foreign Affairs and Trade (July 2011)
  • Weatherall, K, ‘ACTA – Australian Section-by-Section Analysis’, Working paper and Submission to the Department of Foreign Affairs and Trade (May 2010)
  • Weatherall, K, Submission to the Attorney-General’s Department on the Draft Guidelines on the Infringement Notices and Forfeiture of Infringing Copies and Devices Scheme, Copyright Amendment Regulations 2006 (October 2007)
  • Weatherall, K, Submission and Supplementary Submission to the Senate Standing Committee on Legal and Constitutional Affairs Inquiry into the Copyright Amendment Bill 2006 (October 2007) (invited to give oral evidence; submission referenced in final report)
  • Weatherall, K, Submission to the House of Representatives Legal and Constitutional Affairs Committee Inquiry into Technological Protection Measures Exceptions’ (October 2005) (invited to give oral evidence; submission extensively referenced in final report)
  • Weatherall, K, Response to Issues Paper: Part V Division 2AA of the Copyright Act 1968 (Cth) Limitation on Remedies Available against Carriage Service Providers: Does the Scheme need to be Expanded?’ (Attorney-General’s Department, October 2005)
  • Weatherall, K, Response to the Issues Paper: Fair Use and Other Copyright Exceptions in the Digital Age (Attorney-General’s Department, July 2005) (with E. Hudson)
  • Weatherall, K, Submission to the Senate Legal and Constitutional Affairs Committee, Inquiry into the provisions of the Copyright Amendment (Film Directors’ Rights Bill 2005 (July 2005) (submission referenced in final report)
  • Weatherall, K, Submission to the Advisory Council on Intellectual Property in response to its Options Paper on Patents and Experimental Use (March 2005) (with S. Waller)
  • Weatherall, K, Submission on the Advisory Council on Intellectual Property’s Final Report on the Review of Trade Mark Enforcement (February 2005) (with J. Bosland)
  • Weatherall, K, Submission to the Senate Select Committee on the Australia-United States Free Trade Agreement (May 2004) (submission referenced in final report)
  • Weatherall, K, Supplementary Submission to the Senate Select Committee on the Australia-United States Free Trade Agreement (July 2004)
  • Weatherall, K, Submission to the JSCOT Hearing on the Australia-United States Free Trade Agreement (April 2004) (submission referenced in final report)
  • Weatherall, K, Submission to the Australian Law Reform Commission in Response to its Discussion Paper 68: Gene Patenting and Human Health (April 2004) (with A. Christie, S. Waller, S. Elkman)
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