Professor Natalie Stoianoff

Reynolds, R., Stoianoff, N.P., Adrian, A. & Roy, A. 2012, Intellectual Property: Text and Essential Cases, 4th, The Federation Press, Sydney.

Reynolds, R. & Stoianoff, N.P. 2008, Intellectual Property : Text and Essential cases, Third, Federation Press, Sydney.

Reynolds, R. & Stoianoff, N.P. 2005, Intellectual Property: Text and Essential cases, Second, Federation Press, Sydney.

Reynolds, R. & Stoianoff, N.P. 2003, Intellectual Property: Text and Essential Cases, 2, The Federation Press, Australia.
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This text written with Associate Professor Natalie Stoianoff of UOW, has been set at the prescribed text at the University of SYdney, Melbourne University, the Australian National University, Macquarie University, University of Adelaide, Newcastle University, University of New England, University of Tasmania, Charles Darwin University, University of Wollongong and UTS. In addition, it is a recommended text at most other Australian Law Schools and has been widely adopted and favourably reviewed by the profession. The text takes a istinctive approach to the teaching of the subject by focussing on the discursive practices of Australian intellectual property law. As European and US law turn more to their constitutional underpinnings to understand the understand the function of IP law, Australian courts continue ti patrol the proper boundaries of property rights. This has given Australian IP law a very particular character. The distinctiveness of this approach is recognised by His Honour Mr Justice Gummow of the High Court of Australia who wrote the foreword to the first edition of the text. Such acclaim is particularly appreciated as Justice Gummow is considered one of the leading intellectual forces on the High Court in the profession and in academia. As an academic at the university of Sydney, Justice Gummow was also one of the founding fathers of IP studies in Australia.

Stoianoff, N.P. 2004, Accessing Biological Resources: Complying with the Convention on Biological Diversity, Kluwer Law International, Hague.

Stoianoff, N.P. & Blazey, P. 2012, 'Intellectual Property Laws and Governance' in Patricia Blazey & Kay-Wah Chan (eds), Commercial Law of the People's Republic of China, LAWBOOK CO., Sydney, pp. 167-180.
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Commercial law plays a large part in China's transition to its status as a major trading nation. This book contains chapters that focus on areas of the law pertinent to China's continuing economic development. It provides an analysis of the Five Year Plans and their effect on the development of and changes in commercial law. China is focused on developing its internal market and Commercial Law of the People's Republic of China provides an examination of a number of highly relevant topics, such as Company Law, Labour Law, Property Law, Intellectual Property Law, Consumer Law, Energy Law and Renewable Energy Law. Chapters on Tax Law, Competition Law and Policy, and Commercial Arbitration Law written by experts in their field provide an up-to-date and in-depth coverage of other important commercial law subjects. This book acknowledges that China's rapid development is affected by policy changes on issues such as urbanisation, the structure of the industrial sector and the environment. These changes and their effect on the national economy and the legal system are discussed in the book.

Gumley, W. & Stoianoff, N.P. 2011, 'Behavior modifying taxes, emissions trading and tax expenditure reform: market-based responses to climate change in Australia' in Cullen, R; VanderWolk, J; Xu, Y (eds), Green Taxation in East Asia, Edward Elgar Publishing Limited, UK, pp. 209-248.
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This chapter will consider recent regulatory responses to climate change in Australia with a view to providing guidance for policy makers in the East Asia region. In particular, it will review the reasoning behind the choice of emissions trading ahead of other market-based instruments such as behavior modifying taxes and tax expenditure reform. It will firstly describe the key international agreements on climate change. Secondly, it will provide a review of the key literature in support of market -based instruments including the relative merits of carbon taxes and emissions trading. Thirdly, the chapter will review the history of regulatory responses in Australia at both Federal and State government levels, leading up to and including the proposed Australian emissions trading scheme, known as the Carbon Pollution Reduction Scheme (the CPRS). Fourthly, the chapter will review features of the underlying taxation system which constitute significant "barriers to change" which are very likely to undennine the intended objectives of the CPRS. The chapter concludes with some suggestions for emerging economies of the East Asia region on how taxation rules can be integrated with climate change objectives.

Stoianoff, N.P. & Kaidonis, M.A. 2011, 'Legislation, Citizens' Rights, and the Self-Determination of a Developing Country: A Papua New Guinean Case Study' in Paddock, L; Qun, D; Kotze, L.J.; Markell, D. L.; Markowitz, K.J.; Zaelke, D. (eds), Compliance and Enforcement in Environmental Law Toward More Effective Implementation, Edward Elgar Publishing Limited, United Kingdom, pp. 591-606.
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Compliance and enforcement are critical elements of assuring that international environmental treaties and domestic environmental laws actually produce desired environmental outcomes. This timely work provides a comprehensive worldwide perspective on how to assure compliance with and enforcement of environmental laws more effectively. Bringing together both leading academics and environmental professionals from 15 countries, the book addresses a range of key issues including the enforcement of multilateral agreements, compliance strategies and tools, the role of courts and citizens, protection of natural resources, and compliance issues related to economic instruments. This comprehensive resource will strongly appeal to environmental enforcement professionals working for governments or international organizations, who are seeking new ideas for compliance and enforcement programs. Academics researching environmental law and international affairs will also find this book valuable.

Stoianoff, N.P. 2011, 'The Development of Intellectual Property Law in China' in Chan Lai0Ha, Gerald Chan, Kwan Fung (eds), China at 60: Global-Local Interactions, World Scientific Publishing, Singapore, pp. 183-205.
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Kaidonis, M.A., Stoianoff, N.P. & Andrew, J. 2010, 'The Shifting Meaning of Sustainability' in Guler Aras and David Crowther (eds), A Handbook of Corporate Governance and Social Responsibility, Gower Publishing Limited, England, pp. 83-90.
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Sustainability, as a concept, gained momentum as international non-government organizations developed the term. The United Nations' Brundtland Report is credited with first referring to sustainability as having three necessary and coexisting components being, environmental, economic and social sustainability. International accounting professional institutions also responded to this momentum, at first with an in principle adoption of the term. As sustainability reporting accompanied financial reporting, the concepts of business were also imposed on the term. The objective of global equity was surpassed by financial terminology which also prioritized concepts of risks and opportunities to explore market potentials.

Stoianoff, N.P. 2009, 'The Recognition of Traditional Knowledge under Australian Biodiscovery Regimes: Why Bother with Intellectual Property Rights?' in Antons, C (eds), Traditional Knowledge, Traditional Cultural Expressions and Intellectual Property Law in the Asia-Pacific Region, Kluwer Law International, The Hague, Netherlands, pp. 293-311.
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Gillies, P., Stoianoff, N.P. & Dahdal, A. 2008, 'Chinese Company Law' in Blazey, P., Chan., K. (eds), The Chinese Commercial Legal System, Lawbook Co, Pyrmont, NSW, pp. 241-257.
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Stoianoff, N.P. 2008, 'Chinese Taxation Law' in Blazey, Patricia; Chan, Kay-Wah. (eds), The Chinese Commercial Legal System, Lawbook Co, Pyrmont, NSW, pp. 307-319.
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Stoianoff, N.P. & Kelly, A.H. 2007, 'Conserving Native Vegetation on Private Land: Subsidizing Sustainable Use of Biodiversity' in Deketelaere, K., Milne, J. E., Kreiser, L., Ashiabor, H. (eds), Critical Issues in Environmental Taxation. International and Comparative Perspectives: Volume IV, Oxford University Press, Oxford, UK, pp. 299-315.
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TheConvention on Biological Diversity1992 (the Biodiversity Convention) has 13.01 asitsprimary objective the conservation ofbiological diversity;' Running a dose second is the objective of sustainable use of biological divcrsity.2 Simultaneous achievement ofsuch objectives often runs contrary to the desires ofJarge landowners in Australia, particularly when such landowners are engaged in primary production industries.

Kelly, A.H. & Stoianoff, N.P. 2006, 'Local Government Rates in New South Wales, Australia: An Environmental Tax' in Cavaliere, A., Ashiabor, H., Deketelaere, K., Kreiser, L., Milne, J. (eds), Critical Issues in Environmental Taxation. International and Comparative Perspectives: Volume III, Richmond Law & Tax Ltd., Richmond, UK, pp. 537-556.
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It is well recognised that environmentally related taxes play a crucial role in the mix of economic instruments used to enhance environmental policies in OECD countries." In general terms, economic instruments "provide an incentive to polluters to modify their production or consumption behaviour via price signals"," This affords ,1 significant difference from traditional and familiar 'command and control' environmental regulation. The use of environmentally related taxes is also in line with 'he 1972 OEeD concept of the Polluter Pays Principle (PPP), defined by the OEeD as a non-subsidisatlon prmciple.' It concerns who should pay for environmental protection by ensuring that the cost of pollution measures is reflected in the price of goods and services that cause the pollution.'! There is nothing like this mechanism at the local government level in New South Wales, the most populated state of Australia.

Stoianoff, N.P., Kaidonis, M.A. & House, L. 2006, 'Do Tax Concessions for Mining Site Rehabilitation Work? Evaluating 10 Years of Reform' in Cavaliere, A., Ashiabor, H., Deketelaere, K., Kreiser, L., Milne, J. (eds), Critical Issues in Environmental Taxation. International and Comparative Perspectives: Volume III, Richmond Law & Tax Ltd., Richmond, UK, pp. 513-525.
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Although tax concessions are considered contrary to the Polluter Pays Principle,' in Australia, the state-based command and control mechanisms requiring the rehabilitation of mining sites have been supplemented by special income tax deductions for expenditure on such rehabilitation. While this is a departure from the fundamental premise that a tax system be neutral, often such incentives are used in recognition that certain classes of taxpayers, such as the natural resources industry, have special circumstances that require accommodation. But does this achieve environmental objectives?

Stoianoff, N.P. 2004, 'An International Perspective on the Implementation of the Biodiversity Treaty and Access to Biological Resources' in Natalie Stoianoff (ed), Accessing Biological Resources: Complying with the Convention for Biological Diversity, Kluwer Law International, The Hague, Netherlands, pp. 33-54.
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Stoianoff, N.P. & Fox, T. 2004, 'Managing Access to Australia's Biological Resources: Issues in Developing a National Approach' in Natalie Stoianoff (ed), Accessing Biological Resources: Complying with the Convention for Biological Diversity, Kluwer Law International, The Hague, Netherlands, pp. 91-114.
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Stoianoff, N.P. & Kaidonis, M.A. 2003, 'Rehabilitation of Mining Sites: Tax, Accounting and Serving the Environment' in Milne, J., Deketelaere, K., Kreiser, L., Ashiabor, H. (eds), Critical Issues in Environmental Taxation. International and Comparative Perspectives: Volume I, Richmond Law & Tax Ltd, Richmond, UK, pp. 241-253.
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Historically, taxation policy has been used by the Australian Federal Government 10 encourage environmental responsibility in the natural resources industry. These taxation policies are consistent with a recent DECO' report (the DECO 2001 Report] which urges the US!! of environmentally related taxes by member countries to "provide an incentive to polluters to modify their production and consumption behaviour" Whilst the DECO recognizes a range of economic instruments, such as "tradable emission permits ... performance bonds, non-compliance fees",3 in this paper, we consider taxation policies for companies specifically related to rehabilitation of mining sites. These policies have manifested into fiscal instruments in the nature of tax concessions but are often referred to as tax expenditures, The effectiveness of such fiscal instruments in complementing environmental policies can be measured according to the criteria provided by the DECOin an earlier report, Taxation and the Enviromnent Complementary Policies (the DECO 1993 Report).i In that report the OECD points out that tax policies and environmental policies ought to be "mutually reinforcing".

Stoianoff, N.P. 2002, 'Environmental Expenditure and the Natural Resources Industry in Australia' in Kreiser L. (ed), Critical Issues in International Environmental Taxation, CCH Incorporated, Chicago, USA, pp. 127-148.
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2001 marks the l0th anniversary since the Australian Federal Government made a marked effort to use taxation policy as a means of encouraging environmental responsibility. To the natural resources industry this translated into the provision of a special deduction for current or capital expenditure incurred on rehabilitation-related activities on or after 1 July 1991. More generally, a regime for the deductibility of environmental expenditure, such as environmental impact studies, and a regime for environmental protection expenditure were also introduced during this period.

Stoianoff, N.P. 2004, 'Biological Resources and Benefit Sharing: The Intersection Between Traditional Knowledge and Intellectual Property' in Professor S. K. Verma and Raman Mittal (eds), Intellectual Property Rights a Global Vision, The Indian Law Institute, New Delhi, pp. 37-48.

Stoianoff, N.P. 2012, 'Navigating the Landscape of Indigenous Knowledge - A Legal Perspective', Intellectual Property Forum, vol. 2012, no. 90, pp. 23-40.
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Australia is a party to a number of international treaties and declarations which recognise the significance of traditional and Indigenous knowledge and cultural expressions, and emphasise the need to respect, preserve and maintain knowledge, innovations and practices of Indigenous and local communities. For example, the Convention on Biological Diversity 1992 (CBD) provides member nations with the opportunity to establish regimes that would regulate foreign and domestic access to valuable genetic resources and traditional and Indigenous knowledge while establishing benefit-sharing mechanisms relating to that access. The CBD has also led to significant international debate on the interrelationship with intellectual property rights, particularly patent rights and plant breeders+ rights, which are often the end goal of the desire to access such genetic resources.

Stoianoff, N.P. 2012, 'The Influence of the WTO over China's Intellectual Property Regime', The Sydney Law Review, vol. 34, no. 1, pp. 65-89.
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This article commences with a brief history of China's intellectual property policy and international relations over the past 150 years. China's engagement with the western construct of intellectual property rights is strongly aligned with China's international trade relations. In particular, this article will consider the influence of the enquiries into transparency that followed China's first review after accession to the WTO and then the dispute resolution process initiated by the United States specifically on issues of intellectual property enforcement. Despite the numerous international treaties and agreements on intellectual property rights that exist and to which China acceded in the early days of the Open Door Policy period, it was the need to become a member of the WTO and with that the expectation of compliance with the prescriptive requirements found in the WTO Agreement on Trade Related Aspects of Intellectual Property Rights ("the TRIPS Agreement") that provided the greatest influence on the shaping of China's intellectual property regime today. Recent developments highlight a counterpoint in China's engagement with the TRIPS Agreement. This is indicated in China's willingness to align itself with the views of developing nations in the way that the TRIPS Agreement is interpreted and this is most evident in the recent Patent Law amendments which demonstrate China's desire to be an innovator, not a copier.

Gumley, W. & Stoianoff, N.P. 2011, 'Carbon Pricing Options for a Post-Kyoto Response to Climate Change in Australia', Federal Law Review, vol. 39, no. 1, pp. 131-159.
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Australia's commitments under the Kyoto Protocol - proposed introduction of carbon pricing in Australia - policy options for establishing a carbon price - relative merits of carbon taxes and emissions trading - barriers to change within the Australian taxation system - argument that tax expenditure reform should be a key element of all market based responses to climate change.

Stoianoff, N.P. 2011, 'The Coming of Age of Enterprise Taxation in China', Journal of Chinese Tax & Policy, vol. 1, no. 1, pp. 2-12.
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Kelly, A.H. & Stoianoff, N.P. 2009, 'Biodiversity conservation, local government finance and differential rates: The good, the bad and the potentially attractive', Environmental and Planning Law Journal, vol. 26, no. 1, pp. 5-18.
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Stoianoff, N.P. 2007, 'Convergence, Coercion and Counterfeiting, Intellectual Property Rights Enforcement in The People's Republic of China', Macquarie Journal of Business Law, vol. 4, pp. 245-265.
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despite the presence of excellent laws on the books, the enforcement and protection of [intellectual property rights] in China fall well below that provided for in its domestic laws and mandated by those international agreements to which China is a party.

Mauger, L. & Stoianoff, N.P. 2006, 'Protecting Australia's Trade Mark Interests through the Australia-China Free Trade Agreement', LawAsia Journal, vol. 2006, no. 1, pp. 125-162.
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Intellectual property provisions and trade marks consideration in the proposed Australia-China Free Trade Agreement - significant implications for Australian interests.

Stoianoff, N.P. & Kaidonis, M.A. 2005, 'Rehabilitation of Mining Sites: Do taxation and Accounting Systems Legitimize the Priveleged or Serve Community Interests?', Critical Perspectives on Accounting, vol. 16, no. 1, pp. 47-59.
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This paper explores both accounting standards and the taxation provisions with respect to the treatment of rehabilitation costs of mining entities in Australia. A special tax deduction is allowed only for expenditure actually incurred, yet the accounting standard provides a different calculative practice for the representation of the same event. With this example we demonstrate inconsistencies that exist between accounting and tax and although the accounting for income taxes standard accounts for the differences, we argue this merely legitimatises them. We challenge this false consciousness that assumes these inconsistencies are merely incidental and point out that these two systems, of tax and accounting, implicitly sustain and reinforce each other. These institutional practices perpetuate the privileges, powers and impact of the mining industry, whilst claiming to serve the community as a whole.

Lin, Y. & Stoianoff, N.P. 2004, 'Foreign Investment in China: The Cross Cultural Dilemma', Macquarie Journal of Business Law, vol. 1, pp. 1-21.
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Geographically, the People+s Republic of China (PRC) is the world+s largest market, with a population of 1.3 billion people and an area about 9,600,000 square kilometres in the southeastern Eurasian continent. Since the `open door policy+ commenced in late 1978 China has been quite successful in attracting foreign direct investment (FDI) as a new economic power. China+s need for capital, raw materials, high technology, and modern management skills has opened a range of opportunities for foreign investors. According to a world-renowned consulting company A T Kearney, the result from FDI Confidence Index Monday

Kaidonis, M.A. & Stoianoff, N.P. 2001, 'The Interplay of Language Between Taxation and Accounting For Repairs in Australia: Should a Stitch in Time Save Nine?', International Tax Journal, vol. 27, no. 1, pp. 72-89.

Stoianoff, N.P. 1999, 'Patenting Computer Software: An Australian Perspective', European Intellectual Property Review, vol. 21, no. 10, pp. 500-507.

Stoianoff, N.P. 1998, 'Access to Australia's Biological Resources and Technology Transfer', European Intellectual Property Review, vol. 20, no. 8, pp. 298-305.

Rudduck, S.G., Williams, M. & Stoianoff, N.P. 2011, 'Visualizing the Shape of Quality: An application in the context of Intellectual Property', SHAPES 1.0 The Shape Of Things 2011, Proceedings of the First Interdisciplinary Workshop on SHAPES, Karlsruhe, Germany, September 2011 in SHAPES 1.0 The Shape Of Things 2011, Proceedings of the First Interdisciplinary Workshop on SHAPES, ed Janna Hastings, Oliver Kutz, Mehul Bhatt, Stefano Borgo, CUER Wokshop Proceeedings, Karlsruhe, Germany, pp. 1-10.
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The aim of this work is to explore how the concept of shape can be applied in the context of Intellectual Property Law (IPL). Despite the global nature of IPL, the system is plagued with considerable uncertainty, especially in the specific instrument of patents. We believe the shape concept can find a balance between the inventive ideas, patent claims and objects in the world. The outcomes of this can then be measured as a time-dependent expectancy that an invention will conform to legal rules when under examination by officials. Specifically, we establish an empirical-based benchmark which can be utilized to test whether shape (via visual figures) is useful in reducing the uncertainty (measured via number of examination actions) which an applicant might face in patenting technological ideas.

Marychurch, J. & Stoianoff, N.P. 2006, 'Blurring the Lines of Environmental Responsibility: How Corporate and Public Governance was Circumvented in the Ok Tedi Mining Limited Disaster', ALTA, Victoria University, Melbourne, Australia, July 2006 in Legal Knowledge: Learning, Communicating and Doing: Australasian Law Teachers Association - ALTA 2006 Refereed Conference Papers, ed Adams, M.; Prof Barker, D.; McGolrick, S.;, Australasian Law Teachers Association, Lindfield, NSW, pp. 3-25.
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This paper will present the preliminary findings of a research project into the impact of legislative legitimation of environmental damage on corporate governance in multinational companies and on public governance in the nation state. The environmental devastation of the Ok Tedi mine in Papua New Guinea (PNG) will be the focus of the paper.

Stoianoff, N.P., Bernstein, B., Mohannak, K. 2004, 'Institutional Linkages and Commercialisation in Australian Biotechnology Industry: A Case Study of NSW Cluster', Dunedin, New Zealand, December 2004 in 18th Annual Conference of the Australian & New Zealand Academy of Management (ANZAM), ed n/a, University of Otago, Dunedin, New Zealand.

Stoianoff, N.P. 2001, 'Medical Use of Genetic Technology: Developing the Foundation of a New Regulatory Regime', Eighth Greek/Australian International Legal and Medical Conference, Corfu, June 2001 in Legal and Medical Services in the Age of the Internet, ed Burrows, GD, Eighth Greek/Australian International Legal and Medical Conference, Australia, pp. 23-36.