1. E-Research and Jurisdiction Gaye Middleton Uecomm Operations Pty Ltd

2. E-Research and Jurisdiction

3. Jurisdictional issues Intellectual property issues Privacy issues Dispute resolution issues How to address these issues??  research contract

4. Intellectual property issues Differences between intellectual property protection in different jurisdictions Potential infringement of intellectual property rights in recipient jurisdiction where information or materials is transferred across borders

5. Differences in IP protection IP laws are territorial International IP treaties do not result in uniform IP protection between member states

6. Potential for IP infringement Australia Authorisation copyright infringement - s36 Copyright Act 1968 (Cth) Contributory patent infringement - s117 Patents Act 1990 (Cth)

7. Privacy issues What is meant by “privacy”? What is meant by “personal information”? National Privacy Principle 9 (NPP9) and transborder flow of data EC Directive 95/46 and the concept of “adequacy” Diversity of international privacy laws

8. Dispute resolution issues Which courts have personal jurisdiction? Which state or national laws apply to multi- jurisdictional disputes?

9. Personal jurisdiction Person is physically present in jurisdiction or Dispute concerns a contract made or broken within the jurisdiction or Dispute concerns a tort committed in the jurisdiction or Dispute concerns a breach of legislation in the jurisdiction

10. Choice of law Choice of law rules - connecting factors  Contract - “closest and real connection”  Tort - place of the wrong (lex locus delicti)

11. Research contract Tool to address jurisdictional issues and minimise legal risk May address:  choice of law  courts which can hear disputes  ownership of and dealings with intellectual property  privacy obligations

12. Take home message Use a research agreement to address key jurisdictional issues which arise in the context of e-research conducted across multiple jurisdictions