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Intellectual Property In Acta And The Tpp: Lessons Not Learned, Kimberlee G. Weatherall Oct 2011

Intellectual Property In Acta And The Tpp: Lessons Not Learned, Kimberlee G. Weatherall

Kimberlee G Weatherall

In this paper I am interested in what ACTA as it emerged from the negotiating process has to teach us about the negotiation of international agreements in IP, and in whether we can see any evidence that those lessons have been learned or are being applied to the TPP negotiations. As I will show below, the ACTA text that emerged from several years’ controversial negotiations was a quite different beast from the original aspirations of the negotiating parties. ACTA as it was finalised retreated significantly from earlier proposals: it contains more safeguards, and less detailed and stringent provisions, than was …


An Australian Analysis Of The February 2011 Leaked Us Tppa Ip Chapter Text - Copyright And Enforcement, Kimberlee G. Weatherall Jul 2011

An Australian Analysis Of The February 2011 Leaked Us Tppa Ip Chapter Text - Copyright And Enforcement, Kimberlee G. Weatherall

Kimberlee G Weatherall

This document is a summary table of the copyright and enforcement provisions of the (leaked) US February 2011 proposals for the IP chapter of the Trans-Pacific Partnership Agreement (TPPA), and their impact on Australian law. The table includes comments, not only for the benefit of an Australian audience, but also for the benefit of countries not presently party to a US FTA. The latter countries might learn something from Australia’s experience to date.