Intellectual Property in a possible China-Australia Free Trade Agreement

Weatherall, Kimberlee (2006). Intellectual Property in a possible China-Australia Free Trade Agreement. In: Australia-China FTA Conference in Shenzhen. Australia-China FTA Conference in Shenzhen, Shenzhen, China, (). 28-29 June 2006.

Author Weatherall, Kimberlee
Title of paper Intellectual Property in a possible China-Australia Free Trade Agreement
Conference name Australia-China FTA Conference in Shenzhen
Conference location Shenzhen, China
Conference dates 28-29 June 2006
Convener Australia. Department of Foreign Affairs and Trade, China FTA Task Force
Proceedings title Australia-China FTA Conference in Shenzhen
Place of Publication Barton, ACT, Australia
Publisher Australian Government. Department of Foreign Affairs and Trade
Publication Year 2006
Sub-type Fully published paper
Total pages 7
Language eng
Abstract/Summary Intellectual property laws - copyright, patent, trade mark and others - are laws which are designed chiefly to promote creativity and innovation by providing creators with exclusive rights to their creations and innovations. Over the last 12 years, since the Uruguay Round which created the WTO, intellectual property has become intertwined with trade, and ever more controversial. Negotiating an IP Chapter to suit both Australian and Chinese interests poses a considerable challenge. There are three aspects of such a negotiation which I wish to address in this paper. 1. Should intellectual property provisions be included in a bilateral free trade agreements ('FTAs') between Australia and China? 2. What models exist for inclusion of such provisions in an FTA, and are any of them useful, particularly from an Australian perspective; and 3. Are there any other options for drafting such a chapter? As will appear from the discussion, in my view some real creativity is called for in drafting such a chapter. The issues are more complex than they might appear given the long-standing debate over enforcement in China
Subjects 1801 Law
Q-Index Code E1
Q-Index Status Provisional Code
Institutional Status Non-UQ

 
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