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  • 'TRIPs-plus'Patent Privileges - An intellectual property 'Cargo Cult' in Australia

    Author(s)
    Lawson, Charles
    Pickering, Catherine
    Griffith University Author(s)
    Lawson, Charles
    Pickering, Catherine M.
    Year published
    2004
    Metadata
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    Abstract
    This article challenges the desirability of implementing more than the minimum patent standards required by Australia's commitment to the World Trade Organisation's Agreement on Trade Related Aspects of Intellectual Property Rights (so-called 'TRIPs-plus' measures). We argue that there has not been an adequate analysis of what the various TRIPs-plus measures actually are under the Patents Act 1990 (Cth), and that these measures have not been subjected to a competition analysis as required by the Competition Principles Agreement. This is, we contend, reminiscent of 'cargo cult' as Australian policy makers appear to reason ...
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    This article challenges the desirability of implementing more than the minimum patent standards required by Australia's commitment to the World Trade Organisation's Agreement on Trade Related Aspects of Intellectual Property Rights (so-called 'TRIPs-plus' measures). We argue that there has not been an adequate analysis of what the various TRIPs-plus measures actually are under the Patents Act 1990 (Cth), and that these measures have not been subjected to a competition analysis as required by the Competition Principles Agreement. This is, we contend, reminiscent of 'cargo cult' as Australian policy makers appear to reason that the most developed nations have benefited from innovation with TRIPs-plus measures, and so with similar measures, those same benefits will accrue to Australia.
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    Journal Title
    Prometheus
    Volume
    22
    Issue
    4
    Publisher URI
    http://www.informaworld.com/smpp/title~db=all~content=t713442842
    DOI
    https://doi.org/10.1080/08109020412331311632
    Subject
    Policy and administration
    Publication URI
    http://hdl.handle.net/10072/5463
    Collection
    • Journal articles

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