Dr Dilan Thampapillai

Senior Lecturer
+61 2 6125 3624
Room 7.2.25

home icon ANU College of Law, Bld 7, Fellows Rd, Acton ACT 2600

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Research Centre

Research interests

Biography

Dr Dilan Thampapillai is a Senior Lecturer with the ANU College of Law. Dilan has significant expertise on artificial intelligence, copyright and contract law. Prior to becoming an academic, Dilan was a government lawyer with the Attorney-General's Department and the Australian Government Solicitor. He has advised on treaties, copyright law and commercial matters. He convenes and lectures Contract Law and Advanced Contracts. Dilan has written a textbook on Contract Law - Thampapillai, Bozzi and Bruce, Contract Law: Cases and Commentary (2nd ed) LexisNexis, 2016. Dilan has also written a text on Commercial Law with Cambridge University Press. Dilan's qualifications include: BA, LLB (ANU), M.Com (USyd), LLM (Cornell). Dilan has completed his doctorate at the University of Melbourne. His thesis was passed without corrections. The degree was conferred in early April 2020.

 

Dilan's recent publications include:

  • 'The Gatekeeper Doctrines: Originality and Authorship in the Age of AI' (Forthcoming) 2019 WIPO-WTO Colloquium IP Academics
  • ‘Copyright and Artificial Intelligence: from the Statute of Anne to the Statute of Android' (2019) 118 Intellectual Property Forum 31
  • If Value Then Right? Copyright and Works of Non-human Authorship' (2019) 30 Australian Intellectual Property Journal 1.
  • Copyright and AI Works: An Australian Perspective' in Claes Granmar, Katarina Lappalainen & Christine Storr, AI & Fundamental Rights (2019, IINEK)
  • 'Archetypes of Age and Romance: The High Court in Thorne v Kennedy' (2018) 37(2) University of Queensland Law Journal 299
  • Myanmar, TRIPS and Food Security,’ in Sairam Bhat (ed) Liberalisation & Globalisation: The Changing Legal Paradigm, (2017, LPG Publishers)
  • 'The Vexed Question of Agency and Torrens Fraud: The High Court in Cassegrain,’ (2016) 35(1) University of Tasmania Law Journal 43
  • 'What Becomes of the Broken-Hearted? Unconscionable conduct, emotional dependence, and the 'clouded judgment' cases,’ (2016) 34(1) Law in Context 76
  • 'Practical Benefits and Promises to pay Lesser Sums: Reconsidering the Relationship between the Rule in Foakes v Beer and the Rule in Williams v Roffey,’ (2015) 34(1) University of Queensland Law Journal 301
  • 'Food Security within the TRIPS/WTO Framework,’ in Kim Rubenstein & Hitoshi Nasu (eds) Legal Perspectives on Security Institutions, (2015, Cambridge University Press).
  • 'An Overview of Free Trade Agreements in the Asia-Pacific Region with a Particular Focus on Intellectual Property,’ Christoph Antons and Dilan Thampapillai, in Christoph Antons & Reto Hilty, Intellectual Property and Free Trade Agreements in the Asia-Pacific Region, (2015, Springer).

Appointments

National Administrator, Australian Rounds, Philip C Jessup International Law Moot Competition

Recent news

29
Jul
2020
Protesters attend a black lives matter rally in Melbourne
ANU student-led research and policy group Law Reform and Social Justice explores how the pandemic has impacted the rule of law in their project COVID-19 and the Rule of Law.
26
Feb
2020
Dr Sarah Steele FRSA, FHEA
#MeToo and the Law is the first course of its kind offered by an Australian law school, teaching postgraduate students important legal concepts within the global movement.
25
Feb
2020
Jayne Hardy (left) and Dilan Thampapillai
Pride, professionalism and passion underscored the success of the national rounds of the Philip C. Jessup International Moot Court Competition recently hosted at ANU.
15
Oct
2019
Intellectual Property Laws8422
Dr Henning Grosse Ruse-Khan says teaching a masters-level course on intellectual property at ANU is a "great experience".

In the Media

27
Jul
2020
Dilan Thampapillai quoted in Business Insider Australia
27
Mar
2020
Dilan Thampapillai writes in The Conversation
27
Feb
2020
Dilan Thampapillai quoted in SBS News
22
Mar
2017
Dilan Thampapillai speaks to News.com.au

Please note, only a small selection of recent publications and activities are listed below.

Research biography

Refereed Publications: (sole author except where indicated)

'The Gatekeeper Doctrines: Originality and Authorship in the Age of AI' (Forthcoming) 2019 WIPO-WTO Colloquium IP Academics

‘Copyright and Artificial Intelligence: from the Statute of Anne to the Statute of Android' (2019) 118 Intellectual Property Forum 31

If Value Then Right? Copyright and Works of Non-human Authorship' (2019) 30 Australian Intellectual Property Journal 1.

'Copyright and AI Works: An Australian Perspective' in Claes Granmar, Katarina Lappalainen & Christine Storr, AI & Fundamental Rights (2019, IINEK)

'Archetypes of Age and Romance: The High Court in Thorne v Kennedy' (2018) 37(2) University of Queensland Law Journal 299

Myanmar, TRIPS and Food Security,’ in Sairam Bhat (ed) Liberalisation & Globalisation: The Changing Legal Paradigm, (2017, LPG Publishers)

'The Vexed Question of Agency and Torrens Fraud: The High Court in Cassegrain,’ (2016) 35(1) University of Tasmania Law Journal 43

'What Becomes of the Broken-Hearted? Unconscionable conduct, emotional dependence, and the 'clouded judgment' cases,’ (2016) 34(1) Law in Context 76

‘Practical Benefits and Promises to pay Lesser Sums: Reconsidering the Relationship between the Rule in Foakes v Beer and the Rule in Williams v Roffey,’ (2015) 34(1) University of Queensland Law Journal 301

‘Food Security within the TRIPS/WTO Framework,’ in Kim Rubenstein & Hitoshi Nasu (eds) Legal Perspectives on Security Institutions, (Cambridge University Press: Cambridge, 2015).

‘An Overview of Free Trade Agreements in the Asia-Pacific Region with a Particular Focus on Intellectual Property,’ Christoph Antons and Dilan Thampapillai, in Christoph Antons & Reto Hilty, Intellectual Property and Free Trade Agreements in the Asia-Pacific Region, (Springer: Munich, 2015).

‘Legitimising Exclusion by perpetuating refugee myths,’ Cindy Davids and Dilan Thampapillai, in Daniel Baldino (ed) Spooked, (UNSW Press: Sydney, 2013). ‘

Literary Re-Writings and Fair Dealing,’ Deakin Law Review (2013).

‘Abandoning Eden: The Google Print Library Project,’ in Brian Fitzgerald and Mark Perry (eds) Knowledge Project 21st Century, (Irwin Law: Toronto, 2011).

“Creating a Legal Framework for Copyright Management of Open Access within the Australian Academic and Research Sector” Brian Fitzgerald, Anne Fitzgerald, Mark Perry, Scott Kiel-Chisholm, Erin Driscoll, Dilan Thampapillai, & Jessica Coates, Book Chapter in Brian Fitzgerald and Mark Perry (eds) Knowledge Project 21st Century, (Irwin Law: Toronto, 2011).

‘Can the US actually protect performers against bootlegging? Fixation and the Copyright Clause in the Martignon controversy,’ (2010) 15 Media Arts Law Review 1

‘Creating an Innovation Exception? Copyright Law as the Infrastructure for Innovation,’ (2010) 7(1) Script-Ed 104

‘Managing Dissent Under Part IIA of the Racial Discrimination Act,’ (2010) Murdoch E-Law Review

‘Inconsistent at best? An analysis of Part IIA of the Racial Discrimination Act,’ (2010) 1 Canberra Law Review

‘Facebook or Racebook? Time for a new approach,’ (2010) 13(2) Internet Law Bulletin 30

‘Unlocking the Library: Copyright Access and the Disabled,’ (2008) 11(3) Internet Law Bulletin 14.

‘Print Disability and Copyright,’ (2008) 13(1) Media Arts Law Review, with Nic Suzor and Paul Harpur

‘A Legal Framework For Copyright Management Of Open Access,’ Book Chapter in Legal Framework For E-Research, University of Sydney Press, (2008), with Professor Brian Fitzgerald, Professor Mark Perry and others.

‘Crown Copyright: The Nature of the Crown and the Prerogative,’ (2007) 14 Murdoch E-Law Journal

‘Peer to Peer Copyright Infringement: The Grokster Cases From the 9th Circuit to the Supreme Court,’ (2006) Copyright Reporter

‘Court Ordered Obstetrical Interventions and the Rights of the Pregnant Woman,’ Journal of Law and Medicine (2005), Vol. 12(4)

Working Papers (Unpublished)

Dilan Thampapillai, 'Retention of Title Clauses in Australia' (Working Paper, 2010) Available at: https://works.bepress.com/dilan_thampapillai/1/

Dilan Thampapillai, 'Cronullified: Can the Commonwealth Regulate Low Level Racist Speech?' (Working Paper, 2009) Available at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1522086

Dilan Thampapillai, 'Low Level Racist Speech: Beyond Law's Reach?' (Working Paper, 2009) Available at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1551567&download=yes

Dilan Thampapillai, 'The Emergence of an Access Right in Australian Copyright Law' (Working Paper, 2007) Available at: https://eprints.qut.edu.au/10854/

Books

Dilan Thampapillai, Claudio Bozzi & Alex Bruce, Contract Law: Cases and Commentary, Second Edition, (LexisNexis: Sydney, 2016).

Dilan Thampapillai, Claudio Bozzi, Vivi Tan, Anne Matthew, Australian Commercial Law, (Cambridge University Press: Melbourne, 2015).

Dilan Thampapillai, Vivi Tan & Claudio Bozzi, Contract Law: Cases and Commentary, (Oxford University Press: Melbourne, 2012).

Professor Brian Fitzgerald, Dr Anne Fitzgerald, Professor Mark Perry, Scott Kiel-Chisolm, Erin Driscoll, Dilan Thampapillai and Jessica Coates OAKLAW Report No.1: Creating A Legal Framework For Copyright Management Of Open Access Within The Australian Academic And Research Sector, Queensland University of Technology, 2006.

Media

ABC, The Drum, 27 November 2012: The constitutional flaw in the Nauru solution http://www.abc.net.au/unleashed/4394748.html

The Conversation, 11 October 2012, M47 may not prove such a victory for refugees after all http://theconversation.edu.au/m47-and-asio-case-may-not-prove-a-victory-...

ABC, The Drum, 5 June 2012: Rogue smuggler: losing perspective amid the outrage http://www.abc.net.au/unleashed/4053590.html

ABC, The Drum, 12 April 2012: What we write matters http://www.abc.net.au/unleashed/3944546.html ABC, The Drum, 17 February 2012: A whiteout on what we watch http://www.abc.net.au/unleashed/3836190.html

ABC, The Drum, 20 December 2011: What if we can't stop the boats? http://www.abc.net.au/unleashed/3739186.html

ABC, The Drum, 2 May 2011: Sri Lanka needs truth, not a national forgetting http://www.abc.net.au/unleashed/986968.html

Grants

$15,300 ANU College of Law New Research Individual Grant, Project Title: The Gatekeeper Doctrines: Authorship and Originality in the Age of Artificial Intelligence

Research interests

PhD supervision

I am currently supervising a PhD student.

I am willing to supervise in the areas:

  • Contract Law, Food Security, Copyright.

I have previously supervised:

  • Contract Law, Food Security, Copyright.

Honours thesis supervision

I am willing to supervise in the areas:

  • Contract Law, Food Security, Copyright

I have previously supervised:

  • Contract Law, Food Security, Copyright

Current courses

Year Course code Course name
2020 LAWS1204
Class #7279
Contracts
2020 LAWS6104
Class #4151
Contracts
2020 LAWS6104
Class #4150
Contracts
2020 LAWS6104
Class #7881
Contracts
2020 LAWS8218
Class #6650
Advanced Contracts

Updated:  24 August 2017/Responsible Officer:  College General Manager, ANU College of Law/Page Contact:  Law Marketing Team