Volume 8 Issue 1

The concept of risk management as applied to the development and commercialisation of Geographic Information systems (GIS) was analysed previously in this journal. (1) This article focuses on intellectual property issues facing both governments and GIS producers in securing commercial advantage and return for their labour. As GIS and their use of spatial databases are relatively new and without significant case law, this article examines the related and objectively similar computer program piracy case law as a pointer to future judicial and legislative trends in relation to GIS. Although the article focuses on Australian intellectual property law, it also examines the developments in other jurisdictions including the European Union and particularly those in the USA, reputedly the largest producer and user of GIS.

* Arthur Hoyle is a Lecturer in Law, researcher and PhD candidate; Eugene Clark is Professor of Law and Head of School; George Cho is Associate Professor of Geographic Information Systems and the Law. All three authors work at the University of Canberra as part of a GIS Research team. We would also like to thank and acknowledge the assistance of our other research team members who include Lecturer and Researcher, Kate Reid and Researcher Kerrin Stewart.

1. See K Reid, E Clark & G Cho, "Legal Risk Management in Geographic Information Systems", 1996, Vol 7(2) Journal of Law and Information Science pp 169-207, and Earthwatch Environment Assessment Programme Technical Report A Survey of Geographic Information System and Image Processing Software 1995 at http://grid2.cr.usgs.gov/survey/introduction.html. Geographical Information Systems (GIS) come in a number of specialist guises, and typically include one or more of the following components: data (both raw and value added), products, services and specialised computer software.