The Geneva Convention for the Protection of Producers of Phonograms against Unauthorised Duplication of their Phonograms The Brussels Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite The Agreement on Trade-Related Aspects of Intellectual Property Rights The WIPO Copyright Treaty The WIPO Performances and Phonograms Treaty The Australia and New Zealand Free Trade Agreement (AANZFTA) The Australia-Chile Free Trade Agreement The Malaysia-Australia Free Trade Agreement The Australia-United States Free Trade Agreement (AUSFTA) The Singapore-Australia Free Trade Agreement The Japan-Australia Economic Partnership Agreement (JAEPA) The Korea-Australia Free Trade Agreement (KAFTA) Agreements that we have signed but are not yet in force, or which we are still currently negotiating, include: The Marrakesh Treaty The Anti-Counterfeiting Trade Agreement (ACTA) The China-Australia Free Trade Agreement (ChAFTA) The Trans-Pacific Partnership (TPP) Additionally, Australia has obligations through its membership of bodies such as the United Nations Educational, Scientific and Cultural Organisation (UNESCO) and the World Health Organisation (WHO) which also interact with our specific intellectual property obligations. These agreements overlap and interact in complex matters. Each time we negotiate a new copyright provision it must be checked for consistency against existing agreements, and the implications of further reducing the future policy space must be considered. The difficulties of this process are perhaps best illustrated by KAFTA. During the Senate Committee hearing, DFAT was confident that: “we were not going beyond international commitments already made—so, commitments already made under the TRIPS agreement, other intellectual property agreements or other free trade agreements.” However, in its response to Questions on Notice, and following evidence from IP experts identifying new obligations, DFAT revealed that KAFTA imposed at least 12 new international-level commitments, mainly in the area of broadcast. In such a complex area, the insights of subject-matter experts, industry and civil society are undoubtedly of benefit, as those groups are able to point out connections and conflicts that may not be obvious even to experienced negotiators. The secrecy surrounding agreements such as the TPP reduce the ability of these groups to provide detailed assistance. Case Study: Technological Protection Measures As part of the AUSFTA negotiations, the US insisted on new provisions relating to Technological Protections Measures (TPMs). In short, Australia agreed to implement a system whereby the
The Geneva Convention for the Protection of Producers of Phonograms against Unauthorised Duplication of their Phonograms The Brussels Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite The Agreement on Trade-Related Aspects of Intellectual Property Rights The WIPO Copyright Treaty The WIPO Performances and Phonograms Treaty The Australia and New Zealand Free Trade Agreement (AANZFTA) The Australia-Chile Free Trade Agreement The Malaysia-Australia Free Trade Agreement The Australia-United States Free Trade Agreement (AUSFTA) The Singapore-Australia Free Trade Agreement The Japan-Australia Economic Partnership Agreement (JAEPA) The Korea-Australia Free Trade Agreement (KAFTA) Agreements that we have signed but are not yet in force, or which we are still currently negotiating, include: The Marrakesh Treaty The Anti-Counterfeiting Trade Agreement (ACTA) The China-Australia Free Trade Agreement (ChAFTA) The Trans-Pacific Partnership (TPP) Additionally, Australia has obligations through its membership of bodies such as the United Nations Educational, Scientific and Cultural Organisation (UNESCO) and the World Health Organisation (WHO) which also interact with our specific intellectual property obligations. These agreements overlap and interact in complex matters. Each time we negotiate a new copyright provision it must be checked for consistency against existing agreements, and the implications of further reducing the future policy space must be considered. The difficulties of this process are perhaps best illustrated by KAFTA. During the Senate Committee hearing, DFAT was confident that: “we were not going beyond international commitments already made—so, commitments already made under the TRIPS agreement, other intellectual property agreements or other free trade agreements.” However, in its response to Questions on Notice, and following evidence from IP experts identifying new obligations, DFAT revealed that KAFTA imposed at least 12 new international-level commitments, mainly in the area of broadcast. In such a complex area, the insights of subject-matter experts, industry and civil society are undoubtedly of benefit, as those groups are able to point out connections and conflicts that may not be obvious even to experienced negotiators. The secrecy surrounding agreements such as the TPP reduce the ability of these groups to provide detailed assistance. Case Study: Technological Protection Measures As part of the AUSFTA negotiations, the US insisted on new provisions relating to Technological Protections Measures (TPMs). In short, Australia agreed to implement a system whereby the
ADA%20and%20ALCC%20Submission%20Commonwealths%20Treaty-making%20process.docx