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Copyright

Selected Works

Kimberlee G Weatherall

Articles 1 - 6 of 6

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Section By Section Commentary On The Tpp Final Ip Chapter Published 5 November 2015 – Part 2 – Copyright, Kimberlee G. Weatherall Nov 2015

Section By Section Commentary On The Tpp Final Ip Chapter Published 5 November 2015 – Part 2 – Copyright, Kimberlee G. Weatherall

Kimberlee G Weatherall

This note comments on the TPP copyright provisions (final text). It also compares each provision to multilateral and bilateral treaties. The material here is necessarily preliminary and does not purport to be complete. It is published on the basis that it may assist others’ analysis and commentary

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Submission On The Ip Chapter Of The Korea-Australia Free Trade Agreement, Kimberlee G. Weatherall May 2014

Submission On The Ip Chapter Of The Korea-Australia Free Trade Agreement, Kimberlee G. Weatherall

Kimberlee G Weatherall

This submission considers (and criticises) the IP Chapter of the Korea-Australia Free Trade Agreement. It identifies new obligations, and raises concerns with detailed aspects of the chapter. The submission was made to two committees of the Commonwealth of Australia Parliament, Joint Standing Committee on Treaties and the Senate Standing Committee on Standing Committee on Foreign Affairs, Defence and Trade References. A slightly corrected version was uploaded on 16 June 2014 (correcting the article citation for KAFTA art 13.9.28 under heading 5).

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Tpp – Australian Section-By-Section Analysis Of The Enforcement Provisions Of The August Leaked Draft, Kimberlee G. Weatherall Oct 2013

Tpp – Australian Section-By-Section Analysis Of The Enforcement Provisions Of The August Leaked Draft, Kimberlee G. Weatherall

Kimberlee G Weatherall

This paper analyses the leaked 30 August 2013 text of the TPP IP Chapter from an Australian perspective, focusing on the enforcement provisions only. The goal is to assess the compatibility of provisions in the current draft with Australian law and Australia’s international obligations: including TRIPS and the Australia-US Free Trade Agreement (AUSFTA).

Reading the IP provisions of the TPP IP chapter leak dated August 2013 is a maddening, dispiriting process. The provisions are written like legislation, not treaty, suggesting a complete lack of good faith and trust on the part of the negotiating countries. There are subtle tweaks of …

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Acta April 2010 - Analysis Of Provisions, Kimberlee G. Weatherall Apr 2010

Acta April 2010 - Analysis Of Provisions, Kimberlee G. Weatherall

Kimberlee G Weatherall

This paper analyses the potential impact of the proposed ACTA (January 2010 leaked text) on Australian law.

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The Anti-Counterfeiting Trade Agreement: An Updated Analysis, Kimberlee G. Weatherall Nov 2009

The Anti-Counterfeiting Trade Agreement: An Updated Analysis, Kimberlee G. Weatherall

Kimberlee G Weatherall

This paper provides an updated analysis of the issues posed by negotiations for the ACTA, as at November 2009.

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Submission: Draft Guidelines On The Infringement Notices And Forfeiture Of Infringing Copies And Devices Scheme, Copyright Amendment Regulations 2006, Kimberlee G. Weatherall Sep 2007

Submission: Draft Guidelines On The Infringement Notices And Forfeiture Of Infringing Copies And Devices Scheme, Copyright Amendment Regulations 2006, Kimberlee G. Weatherall

Kimberlee G Weatherall

Submission on the Draft Guidelines for the infringement Notices and Forfeiture of Infringing Copies and Devices Scheme produced by the Australian Attorney-General's Department. The submission deals with the scope of the scheme, the need for more case studies, issues of forfeiture, multiple offences, record-keeping, the appropriate individuals against whom notices should be issued, defences, factors relevant to the exercise of officers' discretion or the withdrawal of notices, and the standard of information provided to the public.

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