ABSTRACT

The Australasian Information Environmentalism Alliance (AIEA) case is built upon two fictional legislative initiatives developed in the 2020s: namely, the Biological Data Mining Act 2025 (BDMA) and the Information Commons Rights Act 2029 (ICRA). There are many ways of representing the contemporary environmental movement. But there are four theoretical frameworks that broadly represent the movement: welfare economics, the commons, ecology, and public choice theory. The BDMA explicitly over-turned the long-standing 'products of nature doctrine' inherent within traditional Intellectual Property Right (IPR) frameworks. The biological data activities of AIEA and BEEL are mutually exclusive to the extent that it is not possible for them to operate in the same place at the same time. Greenspace Case also highlighted the traditional position, being that there are two dominant themes inherent within the public doctrine that are relevant when determining the doctrine's application: (i) fiduciary obligations and (ii) judicial review.