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Anti-Counterfeiting Trade Agreement (Tokyo on 1 October 2011)
27 June 2012
© Commonwealth of Australia 2012 ISBN 978-0-642-79747-6 (Printed version) ISBN 978-0-642-79748-3 (HTML version)
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Purpose of the reportConduct of the Committee’s review
IntroductionReasons for Australia to take the proposed treaty actionObligationsImplementationTrade-Related Aspects of Intellectual Property RightsContext for the negotiation of TRIPS
IntroductionEvidence of the problemExporting domestic standardsEvidentiary issues – Committee viewLegislative changeOperational circumstancesThe ACTA CommitteeLegislative change – Committee view
IntroductionConcerns over the term ‘intellectual property’Concerns over the term ‘piracy’Concerns over the definition of ‘commercial scale’Department of Foreign Affairs and Trade responseConclusion
BackgroundProportionality of criminal offencesTRIPS protections for individual rightsAiding and abettingCommercial scaleCivil penalties and compensationLack of definitions of fundamental principlesDefinition of counterfeitingLack of flexibility in specific provisionsNo statement of TRIPS protections for alleged infringers
IntroductionPatentsCriminal measures
IntroductionThe tension between confidentiality and democratic principleObservations and criticismsACTA as part of a ‘club’Nature of the ACTA treaty itself and its negotiationsDepartment of Foreign Affairs and Trade response Support for the consultation processConclusion Secrecy in negotiation
Current status of ACTAFinal comments
Comments to: The Secretary of the Committee on PH: $CommitteePhone$ or FAX: $CommitteeFax$ or e-mail: $CommitteeEmail$ Last reviewed $ReviewDate$ by Committee Secretariat © Commonwealth of Australia Parliament of Australia Web Site Privacy Statement