Australia Realizes That Including Intellectual Property In Trade Agreements Makes No Sense

from the but-what-about-acta dept

Michael Geist notes that the Australian Government's Productivity Commission (which is apparently an independent research and advisory arm) is suggesting that the government no longer agree to include intellectual property issues in trade agreements -- and specifically focuses on the lack of evidence that such intellectual property agreements benefit Australia economically. It suggests that such agreements should only be allowed "after an economic assessment of the impacts, including on consumers, in Australia and partner countries." In other words, it looks like at least some in Australia are realizing that "faith-based" intellectual property policy-making is a bad idea. In fact, the report notes that most of these agreements appear to benefit a few US companies, but do little to help Australia.
The Commission is not convinced, however, that the approach adopted by Australia in relation to IP in trade agreements has always been in the best interests of either Australia or (most of) its trading partners. Among other things, there does not appear to have been any economic analysis of the specific provisions in AUSFTA undertaken prior to the finalisation of negotiations, nor incorporated in the government’s supporting documentation to the parliament. As noted above, the AUSFTA changes to copyright imposed net costs on Australia, and extending these changes to other countries would be expected to impose net costs on them, principally to the benefit of third parties.
What third parties? That's obvious:
"most of the benefits to IP rights holders from measures to promote adherence to existing rules in partner countries can be expected to accrue to third parties, such as rights holders in the United States."
Of course, Australia is one of the countries involved in ACTA -- which has no such economic analysis. Any chance at all that the Australian government actually listens to the Productivity Commission and requires an economic analysis first? I wouldn't bet on it.
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Filed Under: australia, free trade, intellectual property, trade agreements


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  • identicon
    Anonymous, 16 Dec 2010 @ 7:33pm

    I don't doubt that a nation of thieves would try and defend stealing.

    link to this | view in chronology ]

    • icon
      Revi (profile), 16 Dec 2010 @ 7:57pm

      Re:

      I'm sorry, would you please clarify what you mean by "nation of thieves"?

      It would also be nice to know how you conflate "recommending removal of a foreign country's copyright infringement law from international trade agreements" with "defending stealing".

      link to this | view in chronology ]

      • identicon
        Lawrence D'Oliveiro, 16 Dec 2010 @ 8:28pm

        Remember Why Britain Started Using Australia To Send Its Convicts To

        It was because its previous main convict colony fought a war of independence, and won.

        link to this | view in chronology ]

        • icon
          Revi (profile), 16 Dec 2010 @ 8:44pm

          Re: Remember Why Britain Started Using Australia To Send Its Convicts To

          Yes, I am well aware of Australian history. The English sent its overflow of convicts to an island paradise, realised their mistake and many of them moved here themselves. Lots of immigration too.

          The AC might have been spouting ignorance about other matters, for example there are a number of people who believe that a Queenslander (aka Assange) "stole" a bunch of embarrassing documents and could be confusing him with the rest of the Australian population.

          link to this | view in chronology ]

          • identicon
            Darryl, 17 Dec 2010 @ 3:15am

            Re: Re: Remember Why Britain Started Using Australia To Send Its Convicts To

            If you are well aware of Australian history, you would I think know that for the convicts, or even the military guards, its WAS NOT AN ISLAND PARADISE..

            It was anything BUT a paradise, and at no time did the britts 'realise' their mistake.

            And it was not until the early 1950's when we started to gain a large number of british immigrants, especially for the Snowy river scheme, and there was also alot of immigration after WW2.

            Yes, it IS an island paradise today, but it was not 200 hundred years ago, if you were a guard or a convict.

            200 years ago it was a HELL hole, and no one wanted to come here.. they had to be forced to come here.

            link to this | view in chronology ]

        • identicon
          Anonymous Coward, 16 Dec 2010 @ 9:10pm

          Re: Remember Why Britain Started Using Australia To Send Its Convicts To

          Eh? I thought that lot were the religious nutters not convicts... :)

          link to this | view in chronology ]

          • identicon
            Darryl, 17 Dec 2010 @ 3:06am

            Re: Re: Remember Why Britain Started Using Australia To Send Its Convicts To

            "religious nutters" Australians, HAHAHAHAHAHAHAHAHAHA,, yea right.

            Here is an Australian term you should be aware of Mr AC.

            "Ya, gotta be fucking jocking mate!!!"

            If you are so aware of Australia, and its history, maybe you should state what range of crimes those people were convicted of when they were sent out here ?

            Religious nutters, ?? I wonder if you know what percentage of US citizens believe in the literal word of the bible ?

            You know, creation, and evolution and so on.. then check out how many Aussies, are "religious nutters"..

            Yes, Australians, will usually go to church maybe 3 times in their life (if they are unlucky) that is when they are cristened, when they get married, and when they die.

            You need to buy a clue...

            which is apparently an independent research and advisory arm

            it cannot be independent and "an arm" at the same time, so apparently its not what you state.

            Is it ONLY and advisory committee, they have no power to make decision, and can only offer advice, the government is in no way required to follow that advice. And that advice in no way reflects the opinion of the government.

            so they have no teeth, they can only advise, and their advise is often ignored, if it is not what the government deside to do.

            Its only one input in a series of inputs before a desision is formed.

            link to this | view in chronology ]

            • icon
              The eejit (profile), 17 Dec 2010 @ 3:40am

              Re: Re: Re: Remember Why Britain Started Using Australia To Send Its Convicts To

              Wow. I never thought I'd agree with you. It must be the Apocalypse. :p

              link to this | view in chronology ]

              • identicon
                Darryl, 19 Dec 2010 @ 11:10am

                Re: Re: Re: Re: Remember Why Britain Started Using Australia To Send Its Convicts To

                damn, sorry LOL... im sure in time you'll get over it :)

                link to this | view in chronology ]

            • icon
              Revi (profile), 17 Dec 2010 @ 2:27pm

              Re: Re: Re: Remember Why Britain Started Using Australia To Send Its Convicts To

              Darryl, where do you hail from? I'd be interested to know where about you live that so many people *actually* go to church.

              I believe that the AC was referring to the US being religious nutters.

              link to this | view in chronology ]

      • identicon
        abc gum, 17 Dec 2010 @ 4:50am

        Re: Re:

        They stole a whole continent from the native people - duh.

        link to this | view in chronology ]

        • identicon
          Darryl, 19 Dec 2010 @ 10:45am

          Re: Re: Re:

          what sort of like what happend in the US of A !!!!..

          And of course you did not have to deport criminals, you just went to africa, and stole a heap of slaves.

          A habbit even you're Jefferson could not kick, he did not even free his slaves when he died.. They were SOLD to pay his debts,, old Thommas was not that good with money .

          And yes I can understand the US being religiou nutters.

          Not that I see what really that has to do with much.

          link to this | view in chronology ]

    • icon
      The eejit (profile), 17 Dec 2010 @ 2:04am

      Re:

      Not. Theft.

      Jebus, what is so hard to understand?

      link to this | view in chronology ]

  • identicon
    Anonymous Coward, 16 Dec 2010 @ 7:46pm

    Ask the kangaroo darryl for that one LoL

    link to this | view in chronology ]

    • identicon
      Darryl, 19 Dec 2010 @ 11:08am

      Re:

      "ti ti ti ti"

      "what's that Skip ?" "ti,,ti,, ti... ti....ti".

      "what skippy ?, there is a boat in the harbour, they are dynamite fishing in the park ?". "there are five of them?"..

      "quick skippy, to go the station, get on the radio and call Dad"..

      "Skippy, can you do my homework for me?"

      "Ti titi...ti" "do it myself !!!!!!"

      typical crimes for deportion to Australia, theft, common items were a loaf of bread, some fruit, public disturbance, drunkedness, loose morals.

      All things that today you would expect no charged to even be laid.

      we do not have a great history with our Australian natives, but we did not do what the settlers did to the American natives, not to mention importing MANY people for slavery.

      We never has slavery here, tough laws, and unjust laws, but no endemic slavery.

      link to this | view in chronology ]

  • icon
    Revi (profile), 16 Dec 2010 @ 7:51pm

    As I understand it, the Productivity Commission are mostly economists. They provide reports on questions requested by Government. They are occasionally listened to. They are more useful for ignoring and putting spin on the results for the electorate.

    link to this | view in chronology ]

  • identicon
    Geo, 16 Dec 2010 @ 8:35pm

    Let me clarify what I understand about the US being the nation of thieves (under their own classification that is not mine) If you look at US history with copyright for example, you would realize that the US has actively ignored copyright laws when the majority of copyright was from outside the US. Now that the country has matured on the expense of others, they decided it is time that they strengthen the rules and use them against others. Now, because they are a super power (or is it The super power) of the world, they also decided to impose those rules on everybody else.

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 16 Dec 2010 @ 9:20pm

    Wow, another incredibly misleading headline.

    Australia didn't realize anything. A government Commission suggested that it might not be the best idea. They certainly don't speak for the government, they are just a resource for the government, who can decide to ignore them.

    The headline suggests a major shift in Australian policy. It is not.

    link to this | view in chronology ]

    • icon
      harbingerofdoom (profile), 17 Dec 2010 @ 11:50am

      Re:

      nice troll attempt. well worded with enough spin involved to not exactly be flagrantly false, but still sow enough seeds of dobut in a readers mind. ill go ahead and give you a 7.5/10 on this one.

      having said that, the correct information is that the productivity commission is "the Australian Government's independent research and advisory body on a range of economic, social and environmental issues" (quote taken directly from their website) which makes it part of the government and thus does, in fact, speak for the government on issues. that is not to say that it sets rules or has any oversight towards enforcement and yes the "the government" can choose to ignore its findings much in the same way the current administrative branch can ignore findings from FCC reports. ignoring these reports does not make either entity any less a part of the government.

      with that in mind, one could make the arguement that the headline is misleading, but realistically only if you choose to ignore any of the rest of the article and make assumptions about it without actually reading and putting things in context.

      of course thats all just my personal opinion.

      link to this | view in chronology ]

      • identicon
        Anonymous Coward, 18 Dec 2010 @ 10:07am

        Re: Re:

        It is part of the government, but a report written by a few people who do work for the government does not as a result conclude that an entire country has suddenly "realized" anything. Rather, it is a report amongst many that the government will look at (and often put on the shelf and ignore).

        Perhaps "One Australia Advisory Board Things that..." might be more appropriate.

        The post is more or less an attempt to create the appearance of wide support where there is none. At some point in the future, this post will be linked from another story with the "Australia has already realizes that", when it isn't true. It is entirely misleading, but the TD sheeple will fall for it.

        link to this | view in chronology ]

      • identicon
        Darryl, 19 Dec 2010 @ 10:36am

        Re: Re:

        You would be right except, that you are not..

        it is an Independent research and advisory body..

        Independent and advisory are the key factors to deal with here, what that means is that they are INDEPEND of the Government (therefore not answerable to them) and the only have an ADVISORY capacity.

        They do not have to follow government policy, ie they are independent, and they cannot dictate policy, ie they are advisory.

        More to the point, they are token, its advice the government gets as an input to its decision making.

        And the other poster is right, in the future, Mike, and TC will use this as an example of something it is not..

        Its just a product of Mikes spin tactics..

        link to this | view in chronology ]

  • identicon
    Anonymous Coward, 17 Dec 2010 @ 12:13am

    I think they should but am not holding my breath.

    People are starting to realize how important "sharing" really is.

    http://www.treehugger.com/files/2010/12/the-mesh-the-future-of-business-is-sharing-book-revie w.php

    That article is listing dozens of business based on sharing something, were ownership takes second place.

    link to this | view in chronology ]

  • identicon
    Ben, 19 Dec 2010 @ 5:41pm

    "It was because its previous main convict colony fought a war of independence, and won."

    Uh, we didn't fight a war of independence.

    link to this | view in chronology ]


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