Draft ACTA text released
DFAT ‘welcomes‘ the release of the draft ACTA text:
http://www.dfat.gov.au/trade/acta/index.html
Draft text (pdf)
(Post updated to tidy up the links on 29/4)
Draft ACTA text released Read More »
DFAT ‘welcomes‘ the release of the draft ACTA text:
http://www.dfat.gov.au/trade/acta/index.html
Draft text (pdf)
(Post updated to tidy up the links on 29/4)
Draft ACTA text released Read More »
IP Australia has issued a consultation paper on implementing the TRIPS protocol.
The TRIPS protocol is the modification (or is that clarification?) of TRIPS obligations to improve the availability of “crisis” pharmaceuticals in least developed and developing countries. From the discussion paper:
Read the paper here (pdf).
Submissions due by 4 June 2010.
TRIPs protocol: Australian implementation consultation Read More »
Michael Geist has a link to the leaked EU comments on the chapter for third party liability on the internet – being drafted by the USA.
The Guardian has weighed into the debate.
Kim Weatherall has emerged from her self-imposed seclusion to comment here, here and here.
DFAT’s must recent summary and overview of key elements. Anondyne USTR statement.
ACTA coming a little bit more out of the shadows Read More »
Selected microblog posts from the past week:
Selected microblog posts (w/e 11/09/09) Read More »
Patently-O considers a new Federal Circuit case in the USA dealing with the scope of s 271(e)(1) – a defence to infringement by working the patent to prepare regulatory data.
It would appear that the defence should now apply in proceedings against imports before the ITC.
Patents Act 1990 (Cth) s 119A (introduced with effect from 25 October 2006 following ACIP’s report) permits such activity where the working:
Although working for a foreign regulatory approval may take place only in the supplementary protection period (see e.g. ACIP on experimental use p. 44 (pdf)).
See now Alphapharm Pty Ltd v H Lundbeck A/S [2008] FCA 559 at [643]ff.
IP Australia is considering extending this: see paragraphs 9 and 17 of IP Australia’s Consultation Paper on experimental use (pdf) [NOTE: submissions should be in by 8 May 2009. Submissions on the Getting the Balance Right paper (pdf) are also due by then.]
WIPO’s Standing Committee on Patents has a study paper on exceptions and limitations as an area of increased focus.
Working a patent for regulatory approvals Read More »
I’m not quite sure why, but the blogosphere is increasingly chattering again about relaxing the rules against infringing a patent by making the protected product (esp. a pharmaceutical) for export:
IP’s What’s Up reviews the TRIPS status including the DOHA declaration and its rather tentative take up.
Patents, pharmaceuticals and exports Read More »
The USTR has released a 6 page (pdf) outline of issues being dealt with under the proposed ACTA.
Link via Intellectual Property Watch.
The IP Dragon has links to a 48 page document with rather more information.
More tea leaf sifting here.
IPDragon reviews Professor Yu’s analysis of why free trade agreements (STAs) are different from the things the USA imposes on people or EU agreements here (with links to Professor Yu’s article Sino Trade Agreements and China’s Global Intellectual Property Rights).
(Sino) Free Trade Agreements Read More »
Australia has entered into Free Trade Agreements (1) with NZ and ASEAN and (2) with Chile.
ASEAN as a bloc is apparently our largest trading partner.
Chapter 13 deals with Intellectual Property. Various fact sheets, e.g. Pharmaceuticals, deal with our exports or imports thereto.
Minister Crean’s press releases here and here.
AANZFTA here and chapter 13 here; Australian guide with links to all sorts of things. Trade overview. The words “may” and “shall endeavour to” feature quite a lot in Chapter 13.
Australia-Chile FTA index and chapter 17 (IP) here.
Hey, our 12 month grace period for filing patents will work in Chile, see art. 17.22! Can’t spot a corresponding provision in the AANZFTA? Also, to facilitate domain name dispute resolution, Chile has agreed to adopt an UDRP-style dispute resolution process for its cc.TLD (assuming it doesn’t already have one, of course).
Free trade Dream Time Read More »
The Australian Government has announced that it will be fastracking new consumer laws protecting against unfair contracts, with the aim of the law being introduced in June 2009 and in force by January 2010.
David Jacobson has a detailed report with links to consultation papers etc. here.
Stephen King gets exercised about the economics here.
Whatever happened to that old case involving Fleetwood Mac and Clifford Davis management or Amadio?