Australian IP Expert Says FTA Favours United States

by Mary Swire, for LawAndTax-News.com, Hong Kong

08 March 2004

In a recent television interview, leading Australian intellectual property expert, Australian National University Professor Peter Drahos warned that IP provisions contained within the recently agreed bilateral free trade deal with the United States will work against Australian businesses and educational establishments.

Speaking on 'The World Today' on Thursday, Professor Drahos explained that:

"My concern is that the balance we struck in the World Trade Organisation is a much better balance between the rights of the public and the rights of owners, whereas this particular balance which was struck in this bilateral agreement favours intellectual property owners, and in particular favours foreign intellectual property owners."

Giving examples of specific concerns related to the FTA (free trade agreement), Professor Drahos suggested that the extension of the terms of copyright to the life of the author of the work plus seventy years (rather than fifty as in Australia currently) could mean that Australian schools and universities are obliged to pay more for access to necessary texts.

He also expressed concern with regard to the patent provisions contained within the FTA, agreeing that they may impact adversely on competition by excluding Australian companies from the market.

"What I see in this agreement is a very clear plan by the United States to impose US patent standards on the rest of the world," he observed.

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