Kimberlee Weatherall
Biographic Data
| ID | 3079438 |
|---|---|
| NAME | Kimberlee Weatherall |
| GIVEN NAMES | Kimberlee |
| FAMILY NAME | Weatherall |
| SIGNATURE | WEATHERALL K |
| AFFILIATIONS | The University of Sydney |
| ORCID | 0000-0002-3605-8170 |
| VERIFIED | Yes |
| TOTAL WORKS | 8 |
| TOTAL CITATIONS | 8 |
| WORKS AS AUTHOR | 7 |
| WORKS AS EDITOR | 1 |
| FIRST PUBLICATION YEAR | 2001 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 2 |
Are We Regulating the Right Digital Systems? Testing Emerging Artificial Intelligence Frameworks against Real-World Public Sector Systems
This article critically examines the sufficiency of legal frameworks governing artificial intelligence (‘AI’) and automated decision-making (‘ADM’) systems in the public sector through doctrinal and empirical analysis, using data from 163 ADM systems in New South Wales (‘NSW’) government agencies. Considering the regulatory frameworks created by the European Union’s (‘EU’) AI Act and the NSW AI Assessment Framework (‘AIAF’), the article reveals t…
The Emergence and Development of Intellectual Property Law in Australia and New Zealand
This chapter provides both an overview of the history of intellectual property (IP) laws in Australia and New Zealand, and pathways into existing and emerging scholarship in this area. It discusses convergence and divergence in copyright, patent and trademark legislation and case law between Britain and these two former colonies, from early colonial experimentation to the long period of closely mirroring UK reforms. In the late twentieth century,…
How important is the name in predicting false recognition for lookalike brands
An underexploited role for psychology in trademark law is the testing of explicit or implicit judicial assumptions about consumer behavior. In this article we examine an assumption that is common across Commonwealth countries, namely, that similar packaging is unlikely to cause consumer confusion provided the brand names are dissimilar. We began by selecting branded products commonly found in supermarkets. For each existing brand we created 2 nov…
The Consumer as the Empirical Measure of Trade Mark Law
Although consumer responses to signs and symbols lie at the heart of trade mark law, courts blow hot and cold on the relevance of empirical evidence – such as surveys and experiments – to establish how consumers respond to alleged infringing marks. This ambivalence is related to deeper rifts between trade mark doctrine and the science around consumer decision‐making. This article engages with an approach in ‘Law and Science’ literature: looking a…
What if we could reimagine copyright
What if we could start with a blank slate, and write ourselves a brand new copyright system? What if we could design a law, from scratch, unconstrained by existing treaty obligations, business models and questions of political feasibility? Would we opt for radical overhaul, or would we keep our current fundamentals? Which parts of the system would we jettison? Which would we
The Australia-US free trade agreement’s impact on Australia’s copyright trade policy
The Australia-US Free Trade Agreement (AUSFTA) required extensive changes to Australian copyright law. This paper assesses the impact of these changes one decade on. It considers, first, whether the costs and/or benefits predicted in 2004 have eventuated, finding clear evidence that AUSFTA has undesirably constrained domestic copyright policy, but no clear evidence either of the feared financial costs to society, or, importantly, the touted benef…
The New (Old) War on Copyright Infringement, and How Context is Opening New Regulatory Possibilities
The internet blackout in January 2012 saw thousands of websites 'go dark' to protest proposed US laws designed to implement a 'multi-system denial of service attack' against alleged IP-infringing websites by making them both unfindable, and by cutting off any financial support. Within days, the laws - known as the Stop Online Piracy Act (SOPA) and the Protect IP Act (PIPA) - effectively were dead. But when and how did such laws even reach the sta…
Culture, Autonomy and Djulibinyamurr
The possibility of granting proprietary rights in indigenous intangible cultural property – including artwork, cultural items and, more recently, traditional knowledge – has been and continues to be an area of considerable controversy, and the subject of discussions in various international organisations. It is widely accepted that present intellectual property regimes are structurally inadequate. The author focuses on the particular problem of t…
What if we could reimagine copyright
What if we could start with a blank slate, and write ourselves a brand new copyright system? What if we could design a law, from scratch, unconstrained by existing treaty obligations, business models and questions of political feasibility? Would we opt for radical overhaul, or would we keep our current fundamentals? Which parts of the system would we jettison? Which would we
The Australia-US free trade agreement’s impact on Australia’s copyright trade policy
The Australia-US Free Trade Agreement (AUSFTA) required extensive changes to Australian copyright law. This paper assesses the impact of these changes one decade on. It considers, first, whether the costs and/or benefits predicted in 2004 have eventuated, finding clear evidence that AUSFTA has undesirably constrained domestic copyright policy, but no clear evidence either of the feared financial costs to society, or, importantly, the touted benef…
The New (Old) War on Copyright Infringement, and How Context is Opening New Regulatory Possibilities
The internet blackout in January 2012 saw thousands of websites 'go dark' to protest proposed US laws designed to implement a 'multi-system denial of service attack' against alleged IP-infringing websites by making them both unfindable, and by cutting off any financial support. Within days, the laws - known as the Stop Online Piracy Act (SOPA) and the Protect IP Act (PIPA) - effectively were dead. But when and how did such laws even reach the sta…
Culture, Autonomy and Djulibinyamurr
The possibility of granting proprietary rights in indigenous intangible cultural property – including artwork, cultural items and, more recently, traditional knowledge – has been and continues to be an area of considerable controversy, and the subject of discussions in various international organisations. It is widely accepted that present intellectual property regimes are structurally inadequate. The author focuses on the particular problem of t…
Culture, Autonomy and Djulibinyamurr
The possibility of granting proprietary rights in indigenous intangible cultural property – including artwork, cultural items and, more recently, traditional knowledge – has been and continues to be an area of considerable controversy, and the subject of discussions in various international organisations. It is widely accepted that present intellectual property regimes are structurally inadequate. The author focuses on the particular problem of t…
The New (Old) War on Copyright Infringement, and How Context is Opening New Regulatory Possibilities
The internet blackout in January 2012 saw thousands of websites 'go dark' to protest proposed US laws designed to implement a 'multi-system denial of service attack' against alleged IP-infringing websites by making them both unfindable, and by cutting off any financial support. Within days, the laws - known as the Stop Online Piracy Act (SOPA) and the Protect IP Act (PIPA) - effectively were dead. But when and how did such laws even reach the sta…
The Australia-US free trade agreement’s impact on Australia’s copyright trade policy
The Australia-US Free Trade Agreement (AUSFTA) required extensive changes to Australian copyright law. This paper assesses the impact of these changes one decade on. It considers, first, whether the costs and/or benefits predicted in 2004 have eventuated, finding clear evidence that AUSFTA has undesirably constrained domestic copyright policy, but no clear evidence either of the feared financial costs to society, or, importantly, the touted benef…
What if we could reimagine copyright
What if we could start with a blank slate, and write ourselves a brand new copyright system? What if we could design a law, from scratch, unconstrained by existing treaty obligations, business models and questions of political feasibility? Would we opt for radical overhaul, or would we keep our current fundamentals? Which parts of the system would we jettison? Which would we
The Emergence and Development of Intellectual Property Law in Australia and New Zealand
This chapter provides both an overview of the history of intellectual property (IP) laws in Australia and New Zealand, and pathways into existing and emerging scholarship in this area. It discusses convergence and divergence in copyright, patent and trademark legislation and case law between Britain and these two former colonies, from early colonial experimentation to the long period of closely mirroring UK reforms. In the late twentieth century,…
How important is the name in predicting false recognition for lookalike brands
An underexploited role for psychology in trademark law is the testing of explicit or implicit judicial assumptions about consumer behavior. In this article we examine an assumption that is common across Commonwealth countries, namely, that similar packaging is unlikely to cause consumer confusion provided the brand names are dissimilar. We began by selecting branded products commonly found in supermarkets. For each existing brand we created 2 nov…
The Consumer as the Empirical Measure of Trade Mark Law
Although consumer responses to signs and symbols lie at the heart of trade mark law, courts blow hot and cold on the relevance of empirical evidence – such as surveys and experiments – to establish how consumers respond to alleged infringing marks. This ambivalence is related to deeper rifts between trade mark doctrine and the science around consumer decision‐making. This article engages with an approach in ‘Law and Science’ literature: looking a…
Are We Regulating the Right Digital Systems? Testing Emerging Artificial Intelligence Frameworks against Real-World Public Sector Systems
This article critically examines the sufficiency of legal frameworks governing artificial intelligence (‘AI’) and automated decision-making (‘ADM’) systems in the public sector through doctrinal and empirical analysis, using data from 163 ADM systems in New South Wales (‘NSW’) government agencies. Considering the regulatory frameworks created by the European Union’s (‘EU’) AI Act and the NSW AI Assessment Framework (‘AIAF’), the article reveals t…
Law (6 works) · Political science (6 works) · Copyright and Intellectual Property (5 works) · Law and economics (5 works) · Computer Science (4 works) · Economics (4 works) · Intellectual property (3 works) · Intellectual Property Law (3 works) · Sociology (3 works) · Epistemology (2 works)