A recent decision of the Canadian Supreme Court arising from an intellectual property dispute between 2 Canadian businesses raises some interesting issues about the power of domestic courts to make orders against search engines that have effect worldwide.
Brett Walker
Lecturer
BA LLB (Sydney) LLM (Sydney), LLM (Hons) (UTS), Graduate Certificate in Executive Leadership (AGSM - UNSW), GDLP (NSW College of Law). Admitted as a Solicitor in NSW and a Barrister and Solicitor in the ACT
Off campus
ANU College of Law, 5 Fellows Rd, Acton ACT 2600
Research Theme
Research interests
Biography
Brett Walker joined the ANU College of Law in July 2014 as a part-time lecturer after nearly 30 years in private, corporate and government legal practice in Sydney and Canberra. Most recently Brett was General Counsel at the Commonwealth Scientific and Industrial Research Organisation (2009 – 2014). From 2004 – 2008 Brett was seconded to the Department of Foreign and Affairs and Trade to work as an intellectual property and trade negotiator in a variety of United Nations fora. Brett was also the inaugural chair of the Commonwealth Legal Network Board (2011 – 2013).
Brett has extensive practical experience in advising on a broad range of commercial law matters both domestically and internationally but has particular expertise in intellectual property law, communications law, Commonwealth administrative law, taxation law and company law.
Brett’s current research areas include intellectual property law, social media law and technology transfer.
Appointments
Member of the Australian Institute of Company Directors
Member of the Australian Corporate Lawyers Association
Member Intellectual Property Society of Australia and New Zealand
Director Carers Tasmania Inc
Curriculum vitae
Recent news
09
Mar
2017
Investing in early stage start ups or ventures is inherently risky with a recent Stanford University Report finding that 92% of technology start ups failed within 3 years. How the risk of failure or under performance is shared by, or transferred between, promoters and investors is something that technology transfer lawyers spend a lot of time working on, both in the drafting and negotiation phases of a transaction. A recent decision of the NSW Supreme Court demonstrates what can go wrong.
23
Feb
2017
Modern communications technologies and social media platforms have provided us with many benefits but they have also resulted in the blurring of the dividing line between our work and private lives. In what circumstances can an employer take disciplinary action against an employee for opinions expressed on personal social media accounts on social, political or workplace issues?
14
Dec
2016
The ABC announced a major re-branding strategy for its capital city radio stations earlier this month. Radio Adelaide objected. Brett Walker from ANU College of Law explains some legal complexities behind the case.
In the Media
10
Aug
2017
Brett Walker speaks to ABC Radio Canberra
6
Dec
2016
Brett Walker speaks to ABC Radio National
Please note, only a small selection of recent publications and activities are listed below.
Research biography
Brett Walker joined the ANU College of Law in July 2014 as a part-time lecturer after nearly 30 years in private, corporate and government legal practice in Sydney and Canberra. Most recently Brett was General Counsel at the Commonwealth Scientific and Industrial Research Organisation (2009 – 2014). From 2004 – 2008 Brett was seconded to the Department of Foreign and Affairs and Trade to work as an intellectual property and trade negotiator in a variety of United Nations fora. Brett was also the inaugural chair of the Commonwealth Legal Network Board (2011 – 2013).
Brett has extensive practical experience in advising on a broad range of commercial law matters both domestically and internationally but has particular expertise in intellectual property law, communications law, Commonwealth administrative law, taxation law and company law.
Brett’s current research areas include intellectual property law, social media law and technology transfer.
Conference papers & presentations
Conference papers & presentations
Presentation at 4th International Crop Science Congress (Brisbane 2004) – “Intellectual Property Management in Plant Breeding”
Licensing Executives Society Conference (Canberra 2005) – “Best Practice IP Management in a Research Institution.”
Liquid Learning Pubic Sector Conference (Canberra 2005) – “IP issues in Commonwealth Procurement”.
United Nations Food and Agriculture Organisation – Legal Experts MTA Drafting Group (Hammamet, Tunisia 2005)
Licensing Executives Society Meeting (Canberra 2005) – “Proactive IP Management in Research Institutions.”
Lexis Nexis “Contracts South Australia Conference (Adelaide 2006) – “IP issues in Government Procurement”.
Commonwealth Department of Agriculture Fisheries and Forestry South Pacific Conference on Plant and Animal Genetic Resources – “Introduction to Legal and IP Issues in relation to the use and commercialisation of plant and animal genetic resources” (Nadi, Fiji 2006)
United Nations Food and Agriculture Organisation – Legal Experts MTA Drafting Group (Malmo, Sweden 2006)
United Nations Food and Agriculture Organisation – Legal Experts MTA Drafting Group (Madrid Spain, 2006)
Liquid Learning – IP 2006 Conference (Sydney 2006) “IP Management”.
Lexis Nexis 5th Annual Contracts Conference (Sydney 2007) – “Managing and Mitigating Your Organisation’s Risks and Liabilities”
Commonwealth Department of Agriculture Fisheries and Forestry South Pacific Conference on Plant and Animal Genetic Resources – “The ITPGRFR MTA an update” and “Legal and IP Issues – the use and commercialisation of plant and animal genetic resources” (Nadi, Fiji 2007)
Australasian Research Managers Conference – Fusion 2007 (Adelaide 2007) – “Introduction to Legal Issues for Research Managers”
Public Sector In-House Counsel Conference (Canberra 2007) – “Intellectual Property and the Government Lawyer”
United Nations Convention on Biological Diversity – Legal Experts Group Meeting on Certificates of Origin of Genetic Resources (Lima, Peru 2007)
Australasian Research Managers Society Conference (Hobart 2008) – “Introduction to IP Management for Research Managers”
In-House Counsel Legal Forum (Sydney 2008) – “Intellectual Property Management and the In-House Counsel”
Queensland University of Technology - OAK Law Open Access and Research Conference (Brisbane 2008) – “Common open access issues in research funding agreements”
Japan BioIndustry Association – Legal Experts Roundtable on the Convention of Biological Diversity (Tokyo, Japan 2008) – “An Australian perspective on compliance with access and benefit sharing agreements.”
Paper titled “Legal Strategies for Streamlining Collaboration in an e-Research World” (Published by QUT in December 2008).
United Nations Convention on Biological Diversity – Meeting of Legal Experts on Compliance Issues (Tokyo, Japan 2009)
LESANZ Annual Conference (Sydney 2009) “Negotiating the deal breakers)
Lexis Nexis Contracts 2010 Conference (Perth 2010) “Drafting and Reviewing Intellectual Property Provisions in Contracts”
Government Law Conference (Canberra 2010) “Intellectual Property Law for Government Lawyers.”
7th Annual Trade Practices Compliance Conference (Sydney 2010) “Designing and Implementing a Trade Practices Compliance Program”
Australasian Research Management Society Annual Conference (Perth 2010) “Research Contracting – Crossing Boundaries and Building Bridges”
New Zealand University Research Offices Annual Conference, (Auckland NZ 2011) – “Research Contracting and Intellectual Property”
LegalWise Seminars Conference, (Canberra 2012) – “The Effective and Ethical Lawyer: Tailoring the way you operate to best meet the needs of your clients”
New Zealand Research Offices Annual Conference, (Dunedin NZ 2012) “Open Access IP – the New Challenge”
Australian Corporate Lawyers Association ACT Chapter Annual Conference, (Canberra 2012) “Doing less with less – legal practice in difficult budgetary times”
CAC Act Legal Network Forum,(Melbourne 2013) “Legal issues in people management”
Legalwise Conference “Current Issues in Intellectual Property” (Canberra 2013)
Australian Government Legal Network Annual Conference 2016 "Developments in Social Media and its Impact on Government" (Canberra 2016)
Association of Corporate Counsel, Tasmanian Division Presentation "Social Media and the In-House Lawyer - Drawing the Line and Managing the Risks" (Hobart 2017)
Committees
Appearance before Joint Standing Committee on Treaties inquiring into the Future Submarines Program with France - 14 March 2017. Expert evidence on defence contracting and technology transfer arrangements.
Research interests
Current courses
| Year | Course code | Course name |
|---|---|---|
| 2018 |
LAWS8317 Class #1808 |
Technology Transfer and Commercialisation |
| 2018 |
LAWS8325 Class #5737 |
In-House Corporate and Government Legal Practice |
| 2018 |
LAWS8592 Class #6832 |
Intellectual Property Law in Practice |
Previous courses
| Year | Course code | Course name |
|---|---|---|
| 2017 |
LAWS8325 Class #1851 |
In-House Corporate and Government Legal Practice |
| 2017 |
LAWS8592 Class #6798 |
Intellectual Property Law in Practice |
| 2016 |
LAWS8317 Class #9673 |
Technology Transfer and Commercialisation |
| 2016 |
LAWS8076 Class #4669 |
Digital Media and Communication Law and Practice |
| 2016 |
LAWS8592 Class #4702 |
Intellectual Property Law in Practice |
| 2017 |
LAWS8076 Class #6797 |
Digital Media and Communication Law and Practice |
Past courses
Commercial Practice Mentor (GDLP)
Sessional Lecturer - Becoming a Practitioner
