Ana Penteado

LL.B. Mackenzie University, LL.M. University of California at Berkeley, Ph.D. Macquarie University
Adjunct Associate Professor

Email: ana.penteado@nd.edu.au
Phone: 8204 4400

  • Biography

    Dr Ana Penteado received her first law degree in 1994 at Mackenzie University, School of Law, becoming a licensed member of the Brazilian Bar Association in the same year. In 1997, she earned her Legum Magister ( LL.M.) from the University of California at Berkeley, specialising in intellectual property law and international law. In 2009, Ana Penteado, an IMURs scholarship holder, was awarded a Doctor in Philosophy in Laws at Macquarie University, Law School.

    She has combined her professional career with her passion for legal scholarship in multiple intellectual property topics, focusing on patents and plant breeder’s rights by publishing submissions to IP Australia and the Australian Parliament in intellectual property policy and legislation. In addition, she presented working papers at the European Policy for Intellectual Property Conference in Bordeaux, France, in 2017 and many other conferences in public policy for international intellectual property law. She has also presented a very popular webinar on Genetic Resources, and International Law focused on the new legislation in Pakistan. Another webinar in Indigenous Knowledge and Intellectual Property Rights for Indian and Brazilian postgraduate law students.

    She has written and published in peer-reviewed journals about intellectual property policy and comparative intellectual property legal systems. Since August 2020, Dr Penteado is a Petherick Room Reader at the National Library of Australia.

    Her work has been cited most recently in a book called "Research Handbook on Intellectual Property and the Life of Sciences" by Duncan Matthew and Herbert Zech (2017) published by Edward Elgar.

    She has written and published in peer-reviewed journals about intellectual property policy and comparative intellectual property legal systems. Currently, she is one also of the editors of the Indian Journal of Law and Justice in the University of North West Bengal and NUJS Journal of Regulatory Studies, Journal of the Centre for Regulatory Studies, Governance and Public Policy in West Bengal National University of Juridical Sciences, Kolkata, India.

  • Teaching Areas

    Intellectual Property Law, Transnational Intellectual Property Law, International Intellectual Property Law, Introduction to Intellectual Property Law, Indigenous Knowledge, Indigenous Peoples'  intangible rights on cultural assets (environment, design, tacit knowledge, know-how)

  • Research expertise and supervision

    Intellectual Property Rights, International Intellectual Property, Comparative Intellectual Property Law, Transnational Intellectual Property Law

  • Book Chapters

    Wine Law and Policy, from National Terroirs to Global Market, Part 5, Wine beyond the Market: Health Policy, Ethical and Social Issues, The Grass is Greener on the Other Side: Byodinamic Wines and Trademarks the Quest for Answers (2020)

  • Journal Articles and Proceedings

    • Covid-19 and the role of transnational  intellectual property, a required pause on innovations and competition for vaccine equity ( 2021)
    • Webinar presentation about Misappropriation of Genetic Resources… and What Vietnam should do about it, (online scheduled for 2021)
    • How have we arrived here in the politics of Tradtional Knowledge?  Blog article for RGNUL Student Research Review (RSRR), by Shambhu Chakrabarty and Ana Penteado,  peer-reviewed law journal of Rajiv Gandhi National University of Law, Punjab, India (2021)
    • The trouble is, you think you have time: Traditional Knowledge of Indigenous Peoples in Japan and India, the reality of biodiversity exploitation and pandemics, with Chakrabarty and Tanoe ( submitted for publication, 2020)
    • Uncertainty and creative IP, an article for a special edition on COVID-19 of the NUJS Journal of the Centre for Regulatory Studies, Governance and Public Policy, (2020)
    • A chapter about organic wine for a book called Wine Law and Policy: From National Terroirs to a Global Market published by BRILL (November 2020)
    • IPIRA, the Innovation Researchers of Asia Network, January/February 2019, Kuala Lumpur, Malaysia, Claiming anything under the Sun: A Study of Appropriation of Plants in the Intellectual Property Legal Framework (peer-reviewed selected paper) (2019)
    • Submission to the Senate Economics Legislation Committee about the Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Bill 2018 (2018)
      The Law of the Land: intangible and tangible rights in Aboriginal Australia (2012)
    • Submission to the IP Australia for Exposure Drafts of Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Bill and Regulations (December 2017)
    • Submission to the Trans-Tasman IP Attorneys Board for the Review of the Code of Conduct, Consultation Paper (2017)
    • Alternative Fee Arrangements – a short why, when and how, with Paulo Penteado, MBA., published by The Australian Corporate Lawyer, Winter 2016, Volume 26, Issue 2 (2016)
    • IP Australia, Public Consultation, Consultation on our proposed examination practice following the High Court decision in D’Arcy v Myriad Genetics Inc. [2015] HCA 35 (2016)
    • “The Law of the Land: intangible and tangible rights in Aboriginal Australia, de Direito Econômico e Socio Ambiental 3 (1) (2012), available in Google Scholar
    • Senate Committee Report – Select Committee on the Free Trade Agreement between Australia and the United States of America, Final Report, submission 506 (August 2004)
    • Joint Standing Committee on Treaties, Report 61, The Australia-United States Free Trade Agreement, submission 177 (June 2004)
  • Conference Papers

    • Webinar Presentation delivered at MYLAWMAN about International Treaties and Indigenous Knowledge, online, India ( February 2021)
    • Shaheed Zulfiqar Ali Bhutto, University of Law, Intellectual Property Law, Misappropriation of Genetic Resources… and what should Pakistan do about it, webinar online, Karachi, Pakistan ( January 2021)
    • Institute of Objective Studies, Speaker for a Special address, two-day online international conference, Identification of Principal Foundations for Global Peace, New Delhi, India ( January 2021)
    • Asia Pacific Innovation Conference, December 2018, New Delhi, India, It’s a matter of trust: joint inventorship and Traditional Knowledge Owners (peer-reviewed selected paper) (2018) available at SSRN
      Submission to the IP Australia concerning Indigenous Knowledge Consultation (2018)
    • Annual Conference of European Policy for Intellectual Property, September 2017, Bordeaux, France, The Best Offer: Aboriginal Art and Geographical Indications, a Fair Price to Pay (peer-reviewed selected paper) (2017)
    • Alternative Fee Arrangements – A short Why, When and How” Association of Corporate Counsel, ACC Journal Winter Edition, with Paulo Penteado (2016)
    • Intellectual Property and Traditional Knowledge” Belem, Brazil (2006)
  • In the media

    @ The Success Code, “The Basic Principles of Protecting Your Business Idea with Dr. Ana Penteado” (an informal interview for Australian small business owners)

  • Professional affiliations

    Trans-Tasman IP Attorneys Board

  • Awards

    2004 – 2006
    Macquarie University International University Research Scholarship
    2007
    RAACE Research Awards for Areas and Centres of Excellence scholarship

  • Other

    • Webinar presentation about Misappropriation of Genetic Resources… and What Vietnam should do about it, (online scheduled for 2021)
    • Submission to the Select Committee on the Free Trade Agreement between Australia and the United States of America, Final Report (2004)
    • Submission for the Code of Conduct Review Consultation Paper, The Trans-Tasman IP Attorneys Board (2013)
    • Submission offered to the Consultation Examination Practice D’Arcy v Myriad Genetics Inc. (2015)
    • Submission to the Draft Legislation: Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Bill and Regulations 2017
    • Submission to the Senate Economics Legislation Committee, Australian Parliament about the Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Bill 2018