Law Commons^™

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 …

Tpp –Section-By-Section Analysis Of The Copyright Provisions (August 30 2013 Leaked Text), Kimberlee G. Weatherall

Kimberlee G Weatherall

This paper analyses the copyright provisions of the leaked 30 August 2013 text of the TPP IP Chapter. It is a companion to an already-published analysis of the enforcement provisions. The goal is to go through the text, section by section, and assess the effect of the provisions, their compatibility with other international instruments: including TRIPS, the WCT and WPPT, and an example US FTA (the Australia-US FTA).