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Professor, Faculty of Law
Prof. PENDLETON Michael 彭道敦教授
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Michael Pendleton is the leading academic authority on Hong Kong intellectual property law. He has researched, taught, and practised Hong Kong intellectual property for more than 28 years. He is one of the leading authorities on Chinese intellectual property law. His frequent co-author is the late Professor Zheng Chengsi, IP Institute, China Academy of Social Sciences, Beijing.
A book review of the 1984 book ‘Law of Intellectual and Industrial Property in Hong Kong’ by Michael D Pendleton (1984) Butterworths by the late Stephen Stewart LLD QC (1985) 34 International & Comparative Law Quarterly, stated at p. 658 “When Professor W R Cornish published his book Intellectual Property in 1981, covering the law of patents, trade mark, copyright and allied rights in one volume – thus underlining the unity of the subject - it was clear that this represented a landmark and that others would follow in his footsteps. The first to do so is fellow Australian, Michael Pendleton, dealing with the law of Hong Kong.”
Michael Pendleton graduated from Sydney University Faculty of Law in 1976 where he then taught for three years.
In 1981 he was appointed Lecturer at the then School of Law of the University of Hong Kong. In 1985 he was made Senior Lecturer. He practised as a consultant solicitor with Deacons Hong Kong 1985-89. Clients included Disney Inc, Rolex Plc, DC Comics Inc, Bayer Plc, Sony Inc, Union Carbide, Rolls Royce Ltd.
In 1990 he accepted a professorship at the newly formed School of Law at Murdoch University, Perth, Western Australia.
He was appointed a member, later as Chairman of the Law Reform Commission of Western Australia by the Governor of Western Australia in 1992.
He was appointed a member of the Copyright Law Review Committee (CLRC) by the Prime Minister of Australia in 2000 and again in 2003.
He practised as a consultant solicitor for Blake Dawson Waldron, Deacons, Australia and Baker & Mckenzie, Hong Kong. Clients included Microsoft, Apple, Intel, Disney, Gucci, Prada, Porsche, and Google.
He was an Editorial Board Member (Present or Former) of the following:
- Australian Intellectual Property Journal, Lawbook Co., (2004 -)
- European Intellectual Property Review, Sweet & Maxwell (Hong Kong 1985 to date, China 2007 to date)
- Intellectual Property Reports, Butterworths, Australia (1988-96)
- Federal Court Reporter (1992-97)
- IP Asia, (Foundation editor), (now published by China Law & Practice, Hong Kong) (1988-1991)
- Intellectual Property Reports, Butterworths (1988 –1994) Computer Law and Security Report, Southampton, UK (1987-1992)
- Copyright World, Piccadilly, London (1987-91)
- Current Developments in Intellectual Property and Trade
- Practices, Blake Dawson Waldron, Sydney
Education and Professional Qualifications
- Master of Laws, University of London, Queen Mary College, 1981
- Diploma in Jurisprudence, University of Sydney, 1979
- Bachelor of Laws, University of Sydney, 1976
- Domain Name Panelist: World Intellectual Property Organisation, Geneva, 2003
- Mediator & Arbitrator: World Intellectual Property Organisation, Geneva, 1995
- Barrister & Solicitor: Supreme Court of Western Australia, 1991
- Solicitor: Supreme Court of Hong Kong SAR, China, 1982
- Solicitor: Supreme Court of Judicature of England and Wales, 1980
- Solicitor: Supreme Court of New South Wales, 1976
- Barrister & Solicitor: High Court of Australia, 1976
Awards
- Emeritus Professor, Murdoch University, Australia
- Life Member, Asian Patents Attorneys Association (APAA), Hong Kong (other life member of APAA is Hon. Mr. Justice Anthony Rogers, VP Court of Appeal)
Appointments
- Chairman, Law Reform Commission of Western Australia. Appointed initially as member then as chairman by Governor of Western Australia 1991-93 http://www.lrc.justice.wa.gov.au/1_past_mem.html
- Australian Federal Attorney General’s Copyright Law Review Committee.
http://www.ag.gov.au/www/agd/agd.nsf/Page/CopyrightCopyright_Law_Review_Committee
Reference ‘Copyright & Contract’, (2001-2002)
Reference on ‘Crown Copyright’, (2003 -2005) - Law Reform Commission of Hong Kong, Sub Committee on Privacy by Breach of Confidence Actions (1985. Resigned 1990 on leaving Hong Kong)
- Law Reform Commission of Hong Kong, Sub Committee on Copyright (1988. Resigned 1990 on leaving Hong Kong)
http://www.hkreform.gov.hk/tc/docs/rcopyright-c.doc - Australian Research Council International Assessor (2002- to date)
- Hong Kong University and Polytechnic Grants Committee Assessor (1992-)
- Member, Law Council of Australia, Intellectual Property Committee (1999-2005)
Research Interests
- Intellectual Property
(trademarks, copyright, patents, designs, trade secrets, domain names, computers internet & IT, plant varieties, silicon chip protection, entertainment law, communications law, etc) - Justice theory and jurisprudence
- Law on acquisition of multiple nationalities and global identity law
Representative Publications
Author of a Treatise and Nine Books Published by Major International Publishers & Over 100 Chapters, Articles & Papers on Intellectual Property including the treatise:
- ‘Intellectual Property Rights - Hong Kong SAR & PRC’, Lexis Nexis Butterworths
http://www.lexisnexis.com.sg/hk_shop/store/view_n.asp?isbn=0409996661
This is a loose-leaf two volume treatise and was first published by Lexis Nexis in 2002. It is updated three times a year. The book was preceded by the 1994 treatise by the same publisher entitled ‘Law of Intellectual Property Law in Hong Kong’ with the collaboration of Peter Garland QC, and Jared Margolis, solicitor. - Co-author of Two Books and Various Refereed Articles Over 20 Years with the late Zheng Chengsi, China’s Leading Intellectual Property Lawyer 'Chinese Intellectual Property and Technology Transfer Law', Sweet & Maxwell London (1987), 'Copyright Law in China’, CCH International (2001)
Domain Name Disputes I Have Decided for the World Intellectual Property Organisation (WIPO) (Geneva)
http://www.wipo.int/amc/en/domains/panel/panelists.html#10
- Microsoft Corporation v. Modern Limited - Cayman Web Development
http://www.wipo.int/amc/en/domains/decisions/html/2003/d2003-0919.html - Produits Berger v. Lay Tee Ong
http://www.wipo.int/amc/en/domains/decisions/html/ - 2004/dau2004-0008.html Shop, Distributive and Allied Employees’ Association v. Peter Klasen
http://www.wipo.int/amc/en/domains/decisions/html/2006/d2006-0255.html
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