Milpurrurru V Indofurn Pty Ltd
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Milpurrurru V Indofurn Pty Ltd
''Milpurrurru v Indofurn Pty Ltd '' (the Carpets Case) was one of three Federal Court of Australia judgments in the 1990s involving the use of copyright law in Australia relating to Indigenous cultural and intellectual property (ICIP), the others being ''Yumbulul v Reserve Bank of Australia'' (1991) and ''Bulun Bulun v R & T Textiles'' (1998), or "T-shirts case". The trial was the result of three Aboriginal artists and the estates of five others taking action against Perth import company Infordurn, for using their designs as a basis for carpets which were made in Vietnam and then imported into Australia. After a trial lasting two weeks, Justice Von Doussa awarded damages of in total, for breaches of the ''Copyright Act 1968'' and ''Trade Practices Act'', awarding punitive damages for cultural harm. Background In 1993, it was found that a number of designs by Aboriginal artists had been reproduced without permission on rugs made in Vietnam and marketed by the Perth-based ...
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Federal Court Of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law (with the exception of family law matters), along with some summary (less serious) and indictable (more serious) criminal matters. Cases are heard at first instance by single judges. The court includes an appeal division referred to as the Full Court comprising three judges, the only avenue of appeal from which lies to the High Court of Australia. In the Australian court hierarchy, the Federal Court occupies a position equivalent to the supreme courts of each of the states and territories. In relation to the other courts in the federal stream, it is superior to the Federal Circuit and Family Court of Australia for all jurisdictions except family law. It was established in 1976 by the Federal Court of Australia Act. The Chief Justice of the Federal Court is James Allsop. Jurisdiction The Federal Court has no inherent jurisdicti ...
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Djang'kawu
The Djang'kawu, also spelt Djanggawul or Djan'kawu, are creation ancestors in the mythology of the Yolngu people of Arnhem Land in the Northern Territory of Australia. It is one of the most important stories in Aboriginal Australian mythology, and concerns the moiety known as Dhuwa. Background The Djanggawul/Djang'kawu myth specifically concerned the Dua (Dhuwa) moiety of people, including about a third of the clans that lived in north-east Arnhem Land. The humans born of the two sisters are the ancestors of the Rirratjingu clan. According to Milirrpum Marika (1983): "The base, foundation, culture, our Djang'kawu, the base of the Dhuwa moiety only, of the Dhuwa moiety and its various songs". Story The Djang'kawu are three siblings, two female and one male, who created the landscape of Australia and covered it with flora and fauna. They came by canoe from the island of Baralku (Burralku) in the east at night-time, guided by the Morning Star (the planet Venus), landing at ...
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Next-of-kin
A person's next of kin (NOK) are that person's closest living blood relatives. Some countries, such as the United States, have a legal definition of "next of kin". In other countries, such as the United Kingdom, "next of kin" may have no legal definition and may not necessarily refer to blood relatives at all. In some legal systems, rights regarding inheritance (which imply a decision-making capacity — for example, in a medical emergency — where no clear will or instructions have been given, and where the person has no spouse) flow to the closest relative (regardless of the age, with a representative appointed if a minor), usually a child, a parent or a sibling. However, there are people without any close adult relatives and, in such a case, decision-making power often flows to a niece or nephew, first cousin, aunt or uncle, or grandparent. For example, if a person dies intestate, the laws of some jurisdictions require distribution of the estate to the decedent's spouse or c ...
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Royalties
A royalty payment is a payment made by one party to another that owns a particular asset, for the right to ongoing use of that asset. Royalties are typically agreed upon as a percentage of gross or net revenues derived from the use of an asset or a fixed price per unit sold of an item of such, but there are also other modes and metrics of compensation.Guidelines for Evaluation of Transfer of Technology Agreements, United Nations, New York, 1979 A royalty interest is the right to collect a stream of future royalty payments. A license agreement defines the terms under which a resource or property are licensed by one party to another, either without restriction or subject to a limitation on term, business or geographic territory, type of product, etc. License agreements can be regulated, particularly where a government is the resource owner, or they can be private contracts that follow a general structure. However, certain types of franchise agreements have comparable provisions. N ...
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Videolink
Videotelephony, also known as videoconferencing and video teleconferencing, is the two-way or multipoint reception and transmission of audio and video signals by people in different locations for real time communication.McGraw-Hill Concise Encyclopedia of EngineeringVideotelephony McGraw-Hill, 2002. Retrieved from the FreeDictionary.com website, January 9, 2010 A videophone is a telephone with a video camera and video display, capable of simultaneous video and audio communication. Videoconferencing implies the use of this technology for a group or organizational meeting rather than for individuals, in a videoconference.Mulbach et al, 1995. pg. 291. Telepresence may refer either to a high-quality videotelephony system (where the goal is to create the illusion that remote participants are in the same room) or to meetup technology, which can go beyond video into robotics (such as moving around the room or physically manipulating objects). Videoconferencing has also been called "visu ...
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Adelaide
Adelaide ( ) is the capital city of South Australia, the state's largest city and the fifth-most populous city in Australia. "Adelaide" may refer to either Greater Adelaide (including the Adelaide Hills) or the Adelaide city centre. The demonym ''Adelaidean'' is used to denote the city and the residents of Adelaide. The Traditional Owners of the Adelaide region are the Kaurna people. The area of the city centre and surrounding parklands is called ' in the Kaurna language. Adelaide is situated on the Adelaide Plains north of the Fleurieu Peninsula, between the Gulf St Vincent in the west and the Mount Lofty Ranges in the east. Its metropolitan area extends from the coast to the foothills of the Mount Lofty Ranges, and stretches from Gawler in the north to Sellicks Beach in the south. Named in honour of Queen Adelaide, the city was founded in 1836 as the planned capital for the only freely-settled British province in Australia. Colonel William Light, one of Adelaide's foun ...
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Darwin, Northern Territory
Darwin ( ; Larrakia: ) is the capital city of the Northern Territory, Australia. With an estimated population of 147,255 as of 2019, the city contains the majority of the residents of the sparsely populated Northern Territory. It is the smallest, wettest, and most northerly of the Australian capital cities and serves as the Top End's regional centre. Darwin's proximity to Southeast Asia makes the city's location a key link between Australia and countries such as Indonesia and East Timor. The Stuart Highway begins in Darwin, extends southerly across central Australia through Tennant Creek and Alice Springs, concluding in Port Augusta, South Australia. The city is built upon a low bluff overlooking Darwin Harbour. Darwin's suburbs begin at Lee Point in the north and stretch to Berrimah in the east. The Stuart Highway extends to Darwin's eastern satellite city of Palmerston and its suburbs. The Darwin region, like much of the Top End, experiences a tropical climate with a wet a ...
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World Intellectual Property Organization
The World Intellectual Property Organization (WIPO; french: link=no, Organisation mondiale de la propriété intellectuelle (OMPI)) is one of the list of specialized agencies of the United Nations, 15 specialized agencies of the United Nations (UN). Pursuant to the 1967 Convention Establishing the World Intellectual Property Organization, WIPO was created to promote and protect intellectual property (IP) across the world by cooperating with countries as well as international organizations. It began operations on 26 April 1970 when the convention entered into force. The current Director General is Singaporean Daren Tang, former head of the Intellectual Property Office of Singapore, who began his term on 1 October 2020. WIPO's activities include hosting forums to discuss and shape international IP rules and policies, providing global services that register and protect IP in different countries, resolving transboundary IP disputes, helping connect IP systems through uniform stand ...
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Federal Court Reports
Law reports covering the decisions of Australian Courts are collections of decisions by particulars courts, subjects or jurisdictions. A widely used guide to case citation in Australia is the '' Australian Guide to Legal Citation'', published jointly by the '' Melbourne University Law Review'' and the '' Melbourne Journal of International Law''. {{DEFAULTSORT:Law Reports in Australia List of Law Reports in Australia Law reports covering the decisions of Australian Courts are collections of decisions by particulars courts, subjects or jurisdictions. A widely used guide to case citation in Australia is the ''Australian Guide to Legal Citation'', published ... Case law reporters Australian law-related lists ...
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Alternative Law Journal
The ''Alternative Law Journal'' is a quarterly peer-reviewed law journal covering law reform. It is published by SAGE Publications on behalf of the Legal Service Bulletin Co-operative (Melbourne, Australia). The journal was established in 1974 as the ''Legal Service Bulletin'', obtaining its current name in 1992. the editors-in-chief are Melissa Castan (Monash University) and Bronwyn Naylor (RMIT University). The journal is abstracted and indexed in the Emerging Sources Citation Index, EBSCO databases, ProQuest databases, and Scopus. The ''Aboriginal Law Bulletin The Indigenous Law Centre (ILC), formerly the Aboriginal Law Research Unit and Aboriginal Law Centre, is part of the Law Faculty at the University of New South Wales. It develops and coordinates research, teaching and information services in the ...'' was issued with the ''Legal Service Bulletin'' from 1981 to 1991 and with ''Alternative Law Journal'' from 1992 to 1995. References External links *Speech on th ...
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Timmy Payungka Tjapangati
Timmy Payungka (1942 – 7 May 2000) was an Aboriginal Australian artist, a Pintupi man who worked at the Papunya Tula school of painting. He was born at Parayirpilynga, near Wilkinkarra (Lake Mackay) in the Pilbara region of Western Australia. He met his wife at Warburton. His family was met by a welfare patrol at Yarrana, west of Kintore, Northern Territory, and brought in to Papunya early in the 1960s. He was one of the original painting men with Geoffrey Bardon. He moved to Kintore in 1981 and was active in later establishing the settlement at Kiwirrkura, closer to his country. Payungka was an important law man, knowledgeable about many stories and rituals. According to Daphne Williams of Papunya Tula, a trip west from Alice Springs to Kintore with Timmy could take two or three times as long as a trip without him, so great was his enthusiasm for stopping along the way to tell his companions the stories of the land they passed through. He taught his daughter, Lorna Na ...
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George Milpurrurru
George Milpurrurru (1934–1998) was an Australian Aboriginal artist known for his bark paintings. Biography Milpurrurru was born in 1934 and raised in central Arnhem Land, specifically Ganalbingu land, where he learned his artistry. He came from a family of artists; he was the son of Dick Ngulmarrmar, who taught him the art of bark painting, and the sister of Dorothy Djukulul, also a highly respected bark painter. He is a part of the Gurrumba Gurrumba clan, which means “a flock of geese”. The traditions, styles, and surroundings of his clan provided much inspiration when it came to his bark paintings. Milpurrurru's daughter, Gladys Getjpulu, is also an artist. He died in 1998. Style As one of the Ramingining artists, Milpurrurru was inspired by the narratives of his home, branching out from the style taught by his father. For him the space used is juxtaposed between stark forefront and background solid spaces, creating dimension with bare bark. He individualised ...
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