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

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Title 'TRIPs-plus'Patent Privileges - An intellectual property 'Cargo Cult' in Australia
Author Lawson, Charles; Pickering, Catherine Marina
Journal Name Prometheus
Editor Donald M Lamberton
Year Published 2004
Place of publication United Kingdom
Publisher Carfax Publishing Ltd
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 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.
Peer Reviewed Yes
Published Yes
Publisher URI http://www.informaworld.com/smpp/title~db=all~content=t713442842
Alternative URI http://dx.doi.org/10.1080/08109020412331311632
Volume 22
Issue Number 4
Edition 2004
Page from 355
Page to 377
ISSN 0810-9028
Date Accessioned 2005-03-30
Language en_AU
Research Centre Environmental Futures Research Institute
Faculty Griffith Law School
Subject PRE2009-Intellectual Property
URI http://hdl.handle.net/10072/5463
Publication Type Journal Articles (Refereed Article)
Publication Type Code c1

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