House of Representatives Committees

| Parliamentary Joint Committee on Joint Standing Committee on Treaties

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Report 126: Treaty tabled on 21 November 2011

Anti-Counterfeiting Trade Agreement (Tokyo on 1 October 2011)

27 June 2012

View the report as a single document - (PDF 566KB)

View the report as separate downloadable parts:


Preliminary Pages	(PDF 131KB)

Chapter 1 Introduction	(PDF 53KB)
Purpose of the report Conduct of the Committee’s review

Chapter 2 The Anti-Counterfeiting Trade Agreement in context	(PDF 102KB)
Introduction Reasons for Australia to take the proposed treaty action Obligations Implementation Trade-Related Aspects of Intellectual Property Rights Context for the negotiation of TRIPS

Chapter 3 The National Interest Analysis	(PDF 150KB)
Introduction Evidence of the problem Exporting domestic standards Evidentiary issues – Committee view Legislative change Operational circumstances The ACTA Committee Legislative change – Committee view

Chapter 4 Clarity of terms	(PDF 80KB)
Introduction Concerns over the term ‘intellectual property’ Concerns over the term ‘piracy’ Concerns over the definition of ‘commercial scale’ Department of Foreign Affairs and Trade response Conclusion

Chapter 5 Copyright	(PDF 152KB)
Background Proportionality of criminal offences TRIPS protections for individual rights Aiding and abetting Commercial scale Civil penalties and compensation Lack of definitions of fundamental principles Definition of counterfeiting Lack of flexibility in specific provisions No statement of TRIPS protections for alleged infringers

Chapter 6 Intellectual Property	(PDF 108KB)
Introduction Patents Criminal measures

Chapter 7 The negotiation process and consultation	(PDF 104KB)
Introduction The tension between confidentiality and democratic principle Observations and criticisms ACTA as part of a ‘club’ Nature of the ACTA treaty itself and its negotiations Department of Foreign Affairs and Trade response Support for the consultation process Conclusion Secrecy in negotiation

Chapter 8 Conclusion	(PDF 142KB)
Current status of ACTA Final comments

Appendix A – Submissions	(PDF 35KB)

Appendix B – Witnesses	(PDF 39KB)