Justine Pila
University Lecturer in Intellectual Property Law
BA/LLB Hons, PhD (Melbourne); MA, DipLATHE (Oxford)
Justine Pila took up her faculty post in 2004 at the same time as her tutorial fellowship at St Catherine's College. She is the Senior Law Tutor and College Counsel (in-house legal officer) at St Catherine's and a Research Fellow of the Oxford Institute of European and Comparative Law (IECL). With Professor John Gardner she co-edits the two Oxford Legal Research Paper Series, in addition to serving as legal advisor to the Oxford Magazine. She also convenes the Law Faculty's Intellectual Property subject group and teaches on all of its IP programmes, including the two FHS (undergraduate) IP options, the BCL option, and the Postgraduate Diploma in IP Law and Practice. Her main areas of research are copyright and patent law in all of their doctrinal, theoretical and historical aspects. Prior to 2004 Justine had been writing her PhD after a stint in private practice and working for the Chief Justice of the Australian Federal Court. Links to her published research and teaching materials can be accessed from her personal website.
Publications
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2013
J Pila, 'A Constitutionalised Doctrine of Precedent and the Marleasing Principle as Bases for a European Legal Methodology' in Ansgar Ohly and Justine Pila (eds), The Europeanisation of Intellectual Property Law: Towards a European Legal Methodology (OUP 2013)
J Pila, 'Intellectual Property Law as a Case Study in European Harmonisation: Methodological Themes and Context' in Ansgar Ohly and Justine Pila (eds), The Europeanisation of Intellectual Property Law: Towards a European Legal Methodology (OUP 2013)
J Pila, 'Patent Eligibility and Scope Revisited in the Light of Schütz v. Werit, European Law and Copyright Jurisprudence' in R.C. Dreyfuss & J.C. Ginsburg (eds), Intellectual Property at the Edge: The Contested Contours of IP (Cambridge University Press 2013)
J Pila, 'Professional and Academic Employee Inventions: Looking Beyond the UK Paradigm' in M Pittard, A Monitti and J Duns (eds), Business Innovation: A Legal Balancing Act – Perspectives from Intellectual Property, Labour and Employment, Competition and Corporate Laws (Edward Elgar 2013)
J Pila, 'The European Patent: An Old and Vexing Problem' (2013) 62(4) International & Comparative Law Quarterly
A Ohly and J Pila (eds), The Europeanisation of Intellectual Property Law: Towards a European Legal Methodology (Oxford University Press 2013)
J Pila, 'What Patent Law for the European Union? Lessons from the Patent Jurisprudence of the CJEU / Quel Droit Des Brevets Pour L'Union Europeenne? Les Enseignements De La Jurisprudence De La CJUE' in C. Geiger (ed), What Patent Law for the European Union? (Litec 2013)
2012
J Pila, '"Sewing the Fly Buttons on the Statute:" Employee Inventions and the Employment Context' (2012) 32 Oxford Journal of Legal Studies 1-31 [...]
A preprint of this article is available at http://ssrn.com/abstract=1927628
J Pila, 'Copyright and Internet Browsing' (2012) 128 Law Quarterly Review 204–208 [Case Note]
J Pila, 'Intellectual Property Rights and Detached Human Body Parts' (2012) Journal of Medical Ethics
J Pila, 'Some Reflections on Method and Policy in the Crowded House of European Patent Law and their Implications for India' (2012) 24 National Law School of India Review 54
J Pila, 'The Star Wars Copyright Claim: An Ambivalent View of the Empire' (2012) 128 Law Quarterly Review 15-19 [Case Note]
2011
J Pila, 'Law and the Victorians: Intellectual Property' (2011) Journal of Legal History, forthcoming
J Pila, 'Software Patents, Separation of Powers, and Failed Syllogisms: A Cornucopia from the Enlarged Board of Appeal of the European Patent Office' (2011) 70 Cambridge Law Journal 203-228 [...]
A preprint of this article is available at http://ssrn.com/abstract=1612518
J Pila, 'The Future of the Requirement for an Invention: Inherent Patentability as a Pre- and Post-Patent Determinant' in G Ghidini & E Arezzo (eds), Biotechnology and Software Patent Law: A Comparative Review on New Developments (Edward Elgar 2011)
2010
J Pila, 'Academic Freedom and the Courts' (2010) 126 Law Quarterly Review 347–351 [Case Note]
J Pila, 'An Australian Copyright Revolution and its Relevance for UK Jurisprudence: IceTV in the light of Infopaq v Danske' (2010) 9 Oxford University Commonwealth Law Journal 77-93 [...]
This paper was written for delivery at a BLACA meeting on 14 January 2010. The powerpoint slides are available at http://www.blaca.org/meeting.htm and http://users.ox.ac.uk/~lawf0169/pdfs/blacaseminar, pila rev.pdf
J Pila, 'Copyright and its Categories of Original Works' (2010) 30 Oxford Journal of Legal Studies 229–254 [...]
A preprint of this article is available at http://ssrn.com/abstract=1160176
J Pila, 'On the European Requirement for an Invention' (2010) 41 IIC: International Review of Intellectual Property and Competition Law 906-926
J Pila, 'Patents for Genes and Methods of Analysis and Comparison' (2010) 126 Law Quarterly Review 534–538 [Case Note]
J Pila, The Requirement for an Invention in Patent Law (Oxford: OUP, 2010) [...]
Introduction available at http://ukcatalogue.oup.com/product/9780199296941.do and http://ssrn.com/abstract=1499578.
ISBN: 978-0-19-929694-1
J Pila, 'The Value of Authorship in the Digital Environment' in W H Dutton & P W Jeffreys (eds), World Wide Research: Reshaping the Sciences and Humanities (The MIT Press 2010)
J Pila, 'Who Owns the Intellectual Property Rights in Academic Work?' (2010) European Intellectual Property Review 609-613
2009
J Pila, 'Article 53(b) EPC: A Challenge to the Novartis Theory of European Patent History' (2009) 72 Modern Law Review 436-462 [...]
A preprint of this article is available at http://ssrn.com/abstract=1160191
J Pila, 'Authorship and e-Science: Balancing Epistemological Trust and Skepticism in the Digital Environment' (2009) 23 Social Epistemology 1-24 [...]
A preprint of this article is available at http://ssrn.com/abstract=1012914
J Pila, 'Chemical Product Patents and Biogen Insufficiency Before the House of Lords' (2009) 125 Law Quarterly Review 573-578 [Case Note]
J Pila, 'Chemical Products and Proportionate Patents Before and After Generics v Lundbeck' (2009) 20 King's Law Journal 489-526 [...]
A preprint of this article is available at http://ssrn.com/abstract=1355524
J Pila, 'Recognition of distinction – a clash of institutional and scholarly values?' (2009) Oxford Magazine
J Pila, 'Works of Artistic Craftsmanship in the High Court of Australia: The Exception as Paradigm Copyright Work' (2009) 36 Federal Law Review 365-381
2008
J Pila, 'An Intentional View of the Copyright Work' (2008) 71 Modern Law Review 535-558 [...]
A preprint of this article is available at http://ssrn.com/abstract=982419
J Pila, 'Compilation Copyright: A matter calling for \"a certain ... sobriety\"' (2008) 19 Australian Intellectual Property Journal 231-266
J Pila, 'European Patent Convention' in P Cane & J Conaghan (eds), The New Oxford Companion to Law (Oxford: OUP, 2008)
J Pila, 'Patent Agent' in P Cane & J Conaghan (eds), The New Oxford Companion to Law (The New Oxford Companion to Law (OUP) 2008)
J Pila, 'Patent Cooperation Treaty' in P Cane & J Conaghan (eds), The New Oxford Companion to Law (Oxford: OUP, 2008)
J Pila, 'Patentable Subject Matter' (Oxford Legal Research Paper Series 37/2008 2008)
J Pila, 'Patents' in P Cane & J Conaghan (eds), The New Oxford Companion to Law (Oxford: OUP, 2008)
2005
J Pila, 'Article 52(2) of the Convention on the Grant of European Patents: What Did the Framers Intend? A Study of the Travaux Preparatoires' (2005) 36 IIC: International Review of Intellectual Property and Competition Law 755-87 [...]
In a paper recently published in the IIC, I argued against the prevailing construction of article 52(2) of the Convention on the Grant of European Patents as resolving to a single requirement for technical character. That argument was based in part on a challenge to contemporary assumptions surrounding the historical provenance of the 'technical character' theory of inventions, and article 52(2) itself, that drew heavily on an analysis of the EPC's travaux preparatoires. Hence the article's subtext, that the travaux preparatoires can be of value in contemporary debates regarding European patent law, not only for the insights they offer on substantive matters of patentability, but equally for the insights they offer on regional lawmaking processes themselves. In the light of that value it is surprising that so little academic attention has been paid to the EPC's travaux preparatoires to date. There is an important series of early IIC articles documenting the progress of each stage in the EPC lawmaking process, but no detailed study of the travaux preparatoires in relation to the central EPC provisions themselves. The purpose of the current paper is to make a modest start on filling this gap in the literature of European patent law by offering a 'pre-history' of the most contested of those provisions, article 52(2), and its counterpart in the United Kingdom, sub-section 1(2) of the Patents Act 1977. It is hoped in doing so to create a study of interest and use to the range of people engaged in the current national and international debates concerning the reach of the contemporary European patent system, and the most appropriate mechanisms for that system's reform. Public access preprint at http://ssrn.com/abstract=736064
ISBN: 0018-9855
J Pila, 'Dispute Over the Meaning of Invention in Article 52(2) EPC: The Patentability of computer-implemented Inventions in Europe' (2005) 36 IIC: International Review of Intellectual Property and Competition Law 173-91 [...]
In 2002, the European Economic and Social Committee ("ESC") described the doctrinal premise of the European Patent Office's interpretation of article 52(2) of the European Patent Convention as "the product of legal casuistry". The purpose of the current article is to consider that description, and ask whether it's fair, or whether the EPO's approach to article 52 is better ascribed to problems inherent in the EPC itself. Three issues are addressed to that end. The first is the object of the ESC's criticism: article 52(2) and its interpretation by the EPO's Boards of Appeal. The second is the context and substance of the criticism itself: the European Commission's Proposal for a Directive of the European Parliament and of the Council on the patentability of computer-implemented inventions, and the scathing response it attracted from the ESC. And the third is the question of the criticism's validity: can the EPO's approach to article 52(2) be defended against the charge of casuistic reasoning, and if it can, does it follow that the approach is satisfactory? Public access preprint at http://ssrn.com/abstract=593881
ISBN: 0018-9855
2004
J Pila, 'The Highs and Lows of 2004 for European Intellectual Property Law (English)' (2004) JETRO
J Pila, 'The Highs and Lows of 2004 for European Intellectual Property Law (Japanese)' (2004) JETRO
2003
J Pila, 'Bound Futures: Patent Law and Modern Biotechnology' (2003) 9 Boston University Journal of Science and Technology Law 326-378
J Pila, 'Inherent Patentability in Anglo-Australian Law: A History' (2003) 14 Australian Intellectual Property Journal 109
2002
J Pila and D Brennan, 'Battle for academic credit separates junior teams from heavyweights' (2002) Sydney Morning Herald
2001
J Pila, 'Methods of Medical Treatment Within Australian and United Kingdom Patents Law' (2001) 24 University of New South Wales Law Journal 421 [...]
Public access preprint at http://ssrn.com/abstract=303999
ISBN: 0313-0096
J Pila, 'Patenting Human Genes: The Australian Position' (2001) 6 Genetics Law Monitor 10
J Pila, 'The Common Law Invention in its Original Form' (2001) Intellectual Property Quarterly 209
J Pila and D Brennan, 'Why patents for genes aren't patently obvious (editorial)' (2001) The Age (Melbourne)
2000
J Pila, 'The Inherent Patentability of Methods of Medical Treatment in Australia' (2000) Genetics Law Monitor 7
1999
J Pila and A Christie, 'The Literary Work Within Copyright Law: An Analysis of its Present and Future Status' (1999) 13 Intellectual Property Journal 133-177
1996
J Pila, 'A-One Accessory Imports Pty Ltd v Off Road Imports Pty Ltd, 34 IPR 306 (Federal Court of Australia 1996) ' (1996) 11 EIPR D [Case Note]
J Pila, 'Trumpet Software Pty Ltd v Ozemail Pty Ltd, 34 IPR 481 (Federal Court of Australia 1996)' (1996) 10 EIPR D [Case Note]
1994
J Pila and J MacPhail, 'Kettle Chip Co Pty Ltd v Apand Pty Ltd, 46 FCR 152 (Federal Court of Australia 1993)' (1994) 3 EIPR D [Case Note]
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J Pila, 'The Oxford Learning Institute: A Case of (Constructive) Alignment? (editorial)' Oxford Magazine
