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| Title: | THE AUSTRALIA-CHINA FREE TRADE AGREEMENT: IMPLICATIONS FOR INTELLECTUAL PROPERTY LAW |
| Authors: | Ogge-Cowan, Jane |
| Keywords: | Copyright - Asia Pacific
Internet
Australia
China |
| Issue Date: | 2008 |
| Publisher: | Sydney University Press |
| Citation: | Copyright law, digital content and the Internet in the Asia-Pacific. |
| Abstract: | Intellectual property is not usually the first thing that people think of
when they talk about the Australia-China Free Trade Agreement1 (FTA)
– an FTA is about ‘trade’: market access for agricultural products and
manufactured goods, banking and educational services, easier access for
Chinese investors and workers into Australia – the significance of
intellectual property to trade is not foremost in most peoples’ minds.
But when you ask Australian business people what they think about
doing business in China, a great number in many fields are concerned
about whether their innovative work will be protected – this is true for
architects, manufacturers and educational software designers. And for
innovative Chinese companies, whether they are domestically or
internationally focussed, intellectual property is an increasingly important
issue.
Perhaps the first thing to say about this topic is that we don’t know what
the actual implications of the FTA on intellectual property regulation
will be. The FTA negotiations are concluded as a single undertaking –
one whole agreement – and a key principle of that, is that nothing is
agreed until everything is agreed. Therefore in this regard it can be
confidently said at this point, that nothing has yet been agreed, and that certainly applies to the intellectual property component of the
negotiations.
The following chapter will examine the implications of the proposed
Australia-China FTA on intellectual property law. In particular, the
chapter will consider key issues, such as why Australia believes it is
important to include a separate chapter on intellectual property in the
Australia-China FTA. Finally, the chapter will conclude by drawing some
conclusions on what implications the Australia-China FTA might have
on intellectual property regulation. |
| Description: | Presented at the First International Forum on the Content Industry: Legal and Policy Framework for the Digital Content Industry collaboratively held by the East China University of Political Science and Law (http://www.ecupl.edu.cn) and the Queensland University of Technology (http://www.qut.edu.au) in Shanghai, People’s Republic of China, May 2007. This publication is an output of the ARC Centre of Excellence for Creative Industries and Innovation (http://www.cci.edu.au) Queensland University of Technology. |
| URI: | http://hdl.handle.net/2123/2363 |
| ISBN: | 9781920898724 |
| Appears in Collections: | Copyright law, digital content and the Internet in the Asia-Pacific
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