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Intellectual Property Law Commons

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Matthew Rimmer

International Trade Law

Trade Mark Law

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Full-Text Articles in Intellectual Property Law

From Kafka To Kafta: Intellectual Property, And The Korea-Australia Free Trade Agreement, Matthew Rimmer Dec 2014

From Kafka To Kafta: Intellectual Property, And The Korea-Australia Free Trade Agreement, Matthew Rimmer

Matthew Rimmer

The Korea-Australia Free Trade Agreement 2014 (KAFTA) is a Kafkaesque agreement – with its secret texts, speculative claims, and shadowy tribunals. Australia and South Korea have signed a new free trade agreement - the Korea-Australia Free Trade Agreement2014 (KAFTA). Is it a fair trade fairytale? Or is it a dirty deal done dirt cheap? Or somewhere in between? It is hard to tell, given the initial secrecy of the negotiations, and the complexity of the texts of the agreement. There has been much debate in the Australian Parliament over the transparency of the trade agreement; the scope of market access …


Trick Or Treaty? The Australian Debate Over The Anti-Counterfeiting Trade Agreement (Acta), Matthew Rimmer Jan 2014

Trick Or Treaty? The Australian Debate Over The Anti-Counterfeiting Trade Agreement (Acta), Matthew Rimmer

Matthew Rimmer

The secretive 2011Anti-Counterfeiting Trade Agreement – known in short by the catchy acronym ACTA – is a controversial trade pact designed to provide for stronger enforcement of intellectual property rights. The preamble to the treaty reads like pulp fiction – it raises moral panics about piracy, counterfeiting, organised crime, and border security. The agreement contains provisions on civil remedies and criminal offences; copyright law and trademark law; the regulation of the digital environment; and border measures. Memorably, Susan Sell called the international treaty a TRIPS Double-Plus Agreement, because its obligations far exceed those of the World Trade Organization's TRIPS Agreement …


A Submission To The Joint Standing Committee On Treaties On The Anti-Counterfeiting Trade Agreement 2011 (#Acta), Matthew Rimmer Mar 2012

A Submission To The Joint Standing Committee On Treaties On The Anti-Counterfeiting Trade Agreement 2011 (#Acta), Matthew Rimmer

Matthew Rimmer

“If Hollywood could order intellectual property laws for Christmas, what would they look like? This is pretty close.” David Fewer“While European and American IP maximalists have pushed for TRIPS-Plus provisions in FTAs and bilateral agreements, they are now pushing for TRIPS-Plus-Plus protections in these various forums.” Susan Sell“ACTA is a threat to the future of a free and open Internet.” Alexander Furnas“Implementing the agreement could open a Pandora's box of potential human rights violations.” Amnesty International.“I will not take part in this masquerade.” Kader Arif, Rapporteur for the Anti-Counterfeiting Trade Agreement 2011 in the European ParliamentExecutive SummaryAs an independent scholar …


A Submission To The Joint Standing Committee On Treaties On The Agreement Between Australia And The European Community On Trade In Wine 2009, Matthew Rimmer Mar 2009

A Submission To The Joint Standing Committee On Treaties On The Agreement Between Australia And The European Community On Trade In Wine 2009, Matthew Rimmer

Matthew Rimmer

Geographical indications are defined under the TRIPS Agreement 1994 as “indications which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin”. Geographical indications involve a consideration of intellectual property law, international trade law, and agricultural policy. This submission will consider the intersection between these fields of regulation.This submission is a personal response to the Agreement between Australia and the European Community on Trade in Wine 2009; and a more impersonal effort to …