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

© Commonwealth of Australia 2012
ISBN 978-0-642-79747-6 (Printed version)
ISBN 978-0-642-79748-3 (HTML version)

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)

Reasons for Australia to take the proposed treaty action
Trade-Related Aspects of Intellectual Property Rights
Context for the negotiation of TRIPS

Chapter 3 The National Interest Analysis (PDF 150KB)

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)

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

Chapter 5 Copyright (PDF 152KB)

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)

Criminal measures

Chapter 7 The negotiation process and consultation (PDF 104KB)

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
Secrecy in negotiation

Chapter 8 Conclusion (PDF 142KB)

Current status of ACTA
Final comments

Appendix A – Submissions (PDF 35KB)
Appendix B – Witnesses (PDF 39KB)

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