Home -> Law Blog Directory -> Copyright Law Blogs -> Michael Geist
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Copyright Law
: Michael GeistAustralia Government Report Warns Against Including IP In Trade Agreements
By Michael Geist
The Commission considers that Australia should not generally seek to include IP provisions in further BRTAs, and that any IP provisions that are proposed for a particular agreement should only be included after an economic assessment of the impacts, including on consumers, in Australia and partner countries. To safeguard against the prospect that acceptance of 'negative sum game' proposals, the assessment would need to find that implementing the provisions would likely generate overall net benefits for members of the agreement.
The report includes a detailed discussion of ACTA-like agreements that
emphasize cooperation, information sharing, and enforcement
activities. It notes what should be obvious to many participating
countries, including Canada - "most of the benefits to IP rights
holders from measures to promote adherence to existing rules in partner
countries can be expected to accrue to third parties, such as rights
holders in the United States."
Moreover, the report also highlights a crucial issue for countries like
Australia and Canada - there is limited or no economic analysis of the
benefits of IP provisions, which is crucial for countries that are net
importers of copyright. I've written on several
occasions on how Canada, like most countries, is a net
importer. The report states:
The Commission is not convinced,
however, that the approach adopted by Australia in relation to IP in
trade agreements has always been in the best interests of either
Australia or (most of) its trading partners. Among other things, there
does not appear to have been any economic analysis of the specific
provisions in AUSFTA undertaken prior to the finalisation of
negotiations, nor incorporated in the government's supporting
documentation to the parliament. As noted above, the AUSFTA changes to
copyright imposed net costs on Australia, and extending these changes
to other countries would be expected to impose net costs on them,
principally to the benefit of third parties.
The report's recommendations are not binding on the government, but do
require a specific government response on whether they are accepted or
rejected. The report comes just as leaked documents
show that U.S. lobby groups are seeking inclusion ACTA+ provisions for
the Trans Pacific Partnership, a regional trade deal that currently
excludes Canada.
Full post as published by Michael Geist on December 14, 2010 (boomark / email).
Trade Secrets
Former execs are hit with doctrine of inevitable disclosure.
The Paulson Toxic Mortgage Debt Security Act: The Biggest Government Bailout of All Time
Legislative Proprosal for Treasury Authority to Purchase Mortgage-related Assets
Mitchell Report Summary
Report on Steroid Drug Use in Major League Baseball by Senator George Mitchell
Truth In Lending Act
Consumer Loans and Consumer Credit Protection Act
Tree Stands
Ardisam Inc. pays $420,000 settlement for failing to report defective product to government officials.
Qui Tam Whistleblower - Government Fraud - Qui Tam Lawsuit
Qui Tam Whistleblower alleging fraud against the government reported by an individual acting as a government whistleblower.
Australia
Reported $4.5 million settlement for wrongful deportation.
Bank Website Security
New Report Finds Widespread Flaws
Operating Room Fires
Hundreds Injured During Surgery, New Report Shows
Trade Secrets
Razorsight agreed to pay $4.5 million settlement in infringement lawsuit.









