Readers of this blog may be interested in checking out the text of the Japan-Australia Economic Partnership Agreement, which was signed on July 8. The intellectual property chapter contains many of the copyright, trademark, and enforcement provisions under debate in the Trans Pacific Partnership negotiations. It also contains provisions on plant varieties and geographical indications. (Patents are included, but are not covered as extensively as other forms of IPR).
Some quick observations: Parties must provide “criminal or civil” penalties for circumvention of technological protection measures. They must have limitations of internet service provider liability for copyright infringement “where the ISPs take action to prevent access to the materials infringing copyright in accordance with the laws and regulations of the Party.” Border guards are to be granted authority to seize copyright and trademark-protected goods ex officio or on request of a rightholder. When determining civil damages, “judicial authorities shall have the authority to consider, inter alia, any legitimate measure of value the right holder submits, which may include lost profits, the value of the infringed goods or services measured by the market price, or the suggested retail price.”
Complete text of the agreement, on bilaterals.org.
