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Intellectual Property Law

Selected Works

Anti-Counterfeiting Trade Agreement

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Full-Text Articles in Law

Trips And Its Achilles' Heel, Peter K. Yu Nov 2018

Trips And Its Achilles' Heel, Peter K. Yu

Peter K. Yu

No abstract provided.


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 Australian Law Reform Commission On Copyright And The Digital Economy: International Law, Matthew Rimmer Dr Nov 2012

A Submission To The Australian Law Reform Commission On Copyright And The Digital Economy: International Law, Matthew Rimmer Dr

Matthew Rimmer

The Australian Law Reform Commission poses a question in respect of international law in the issues paper on Copyright and the Digital Economy.Question 1. The ALRC is interested in evidence of how Australia’s copyright law is affecting participation in the digital economy. For example, is there evidence about how copyright law: a. affects the ability of creators to earn a living, including through access to new revenue streams and new digital goods and services; b. affects the introduction of new or innovative business models; c. imposes unnecessary costs or inefficiencies on creators or those wanting to access or make use …


Acta: The Policy Implications For India, Maurya Vijay Chandra, Meenu Chandra Jul 2012

Acta: The Policy Implications For India, Maurya Vijay Chandra, Meenu Chandra

Maurya Vijay Chandra

The official unveiling of the Anti-Counterfeiting Trade Agreement (ACTA) in 2010 triggered a wave of concern for developing countries, especially in respect of ACTA's emphasis on building a stronger international framework in the form of a TRIPs plus enforcement against trademark counterfeiting. ACTA has been negotiated by Australia, Canada, the EU and its 27 Member States, Japan, South Korea, Mexico, Morocco, New Zealand, Singapore, Switzerland and the Uruted States. All countries have signed ACTA except for Switzerland and Mexico. The legal framework of ACTA embodies civil and criminal enforcement, border measures as well as enforcement issues related to the digital …


Acta - Risks Of Third-Party Enforcement For Access To Medicines, Brook Baker Jan 2012

Acta - Risks Of Third-Party Enforcement For Access To Medicines, Brook Baker

Brook K. Baker

In its current near-final draft form, the Anti-Counterfeiting Trade Agreement [ACTA] being negotiated plurilaterally—and largely secretly—by a self-selected group of countries proposes to allow preliminary and final injunctive relief against third parties (third-party enforcement) to prevent infringement of intellectual property rights and/or to prevent infringing goods from entering into the channels of commerce. There is lingering uncertainty whether the relevant civil enforcement section will apply to the entire range of intellectual property rights or whether patents will be excluded. If patents are excluded, the dangers in ACTA would be reduced but not eliminated—new globalized forms of third-party enforcement would still …