Productivity Commission IP Review Possible As Debate Continues Over The TPP
Monday 6 July 2015 @ 11.55 a.m. | IP & Media
The Australian Financial Review has reported that the Abbott Government may commission a new review of intellectual property rights by the Productivity Commission, in response to a recommendation in the Harper Review. The AFR reports that the review could be announced prior to the government’s formal response, which is due sometime between October and December this year. However, a separate inquiry into government processes for negotiating intellectual property clauses in trade deals that was also called for by the Harper Review is in more doubt, given the ongoing sensitivity to the IP issues in the on-going debate over the Trans-Pacific Partnership.
The Harper Review Recommendations
The Harper Review recommended a yearlong overarching review of intellectual property, saying:
“Australia’s intellectual property regime is a priority for review… Technology is expanding the geographic boundaries of markets, digital delivery of content is becoming more common and connected technologies are increasingly integrated as global communication networks mature… Disruptive technologies have put intellectual property ... rights in the spotlight. Although IP rights can create incentives for innovation and disseminating ideas, they also have the potential to restrict market entry by preventing access to technologies.”
Computerworld noted that the review “could potentially cover some ground previously gone over by past reviews”, including the Australian Law Reform Commission’s ‘Copyright and the Digital Economy’ report. However, Dr Matthew Rimmer, an associate professor at the ANU College of Law, told Computerworld that it was still a “good recommendation in the sense that previous inquiries have not followed through in relation to the recommendations upon competition policy.” He said:
“There’s a great concern about distortions in relation to intellectual property regimes and the rise of anti-competitive conduct by monopolists, and also abusive behaviour by copyright trolls, patent trolls and trademark bullies… Ideally we should be designing an intellectual property regime so that they promote competition rather than restrict competition.”
IP and The TPP
The TPP has been attracting increased public attention following President Obama’s battle with the US Congress over his bid for fast-track authority to conduct negotiations on the deal. The US is particularly interested in expanding protection of IP rights, particularly of pharmaceuticals, which is an area of potentially high conflict.
In Australia and overseas, there has also been additional intense criticism over the way that the deal has been conducted, with accusations of secret negotiations and a lack of proper oversight and scrutiny. The AFR reported that in response to the growing criticism, the Department of Foreign Affairs and Trade issued a statement claiming that the TPP “will not diminish Australia’s ability to regulate food labelling, food standards and border quarantine, nor to control medicine prices.” The statement also says the government is:
“negotiating intellectual property provisions in the TPP within the framework of Australia's existing laws and policies and does not support any proposals that would require changes to Australia's current intellectual property arrangements, including our copyright and enforcement regimes.”
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