overview
background
Australian law
overseas law
agencies
advocacy
tools
texts
patents
names & links
ECMS/DRM
fair use
Indigenous
North-South
online music
plagiarism
moral rights
duration
email & news |
overseas
law
This page deals with international intellectual property
agreements and legislation in other countries, both of which
increasingly drive developments in Australia.
Berne
Intellectual property protection in Australia, as in
all advanced economies, reflects international agreements
such as the Berne Convention that establish basic standards
for IP protection and seek to harmonise the legal regimes
of individual countries.
The Berne Convention for the Protection of Literary &
Artistic Works (Berne)
is the key copyright agreement, dating from 1886 and
revised several times. It establishes basic categories for
copyright protection, rights and the duration of copyright
protection.
The growth of broadcasting and other media in the first
half of last century resulted in establishment of the World
Intellectual Property Organization (WIPO) - headquartered
in Geneva and traditionally one of the more comfortable
parts of the sprawling United Nations bureaucracy - and
supplementary agreements, notably the Rome Convention
for the Protection of Performers, Producers of Phonograms
& Broadcasting Organizations (Rome)
and the Paris Convention for the Protection of Producers
of Phonograms (Paris).
More recently the WIPO Copyright Treaty (WCT)
and the WIPO Performances & Phonograms Treaty
(WPPT)
have updated Berne and Rome conventions in an attempt to
catch up with technologies such as the Internet.
Like most nations, Australia has not yet signed or ratified
the WCT or WPPT, although the Digital Agenda legislation
- noted below - is consistent with those treaties.
For the development of the Berne Convention we recommend
Sam Ricketson's magisterial The Berne Convention for
the Protection of Literary & Artistic Works (London,
Kluwer 87). Paul Goldstein's excellent International
Copyright: Principles, Law & Practice (New York,
Oxford Uni Press 01) offers a more accessible account.
WIPO and WTO
WIPO operates in tandem - one critic describes the relationship
as a horizontal tango - with the more recent and arguably
more powerful World Trade Organization (WTO),
the multilateral trade body dealing with the 1995 Agreement
on Trade Related Aspects of Intellectual Property (TRIPS)
and other global trade treaties that replaced the General
Agreement on Tariffs & Trade (GATT) in 1995.
TRIPS covers copyright and industrial property (eg patents,
trademarks, designs); non-compliance by WTO member countries
may lead to trade sanctions. TRIPS reflects rather
than supersedes the Berne Convention. It has implicitly
forced all developed economies and all but a handful of
developing economies to abide by Berne, replacing the weaker
Universal Copyright Convention (UCC) that was relied upon
by the US in particular until a few decades ago. We've highlighted
consequences in the 'Duration' page of this guide.
Christopher Arup's The New World Trade Organization Agreements:
Globalizing Law Through Services & Intellectual Property
(Cambridge, Cambridge Uni Press 00) provides a detailed
introduction to the evolving WTO-WIPO relationship. It
is not an easy read but is worth the effort.
There's a broader perspective in the exemplary Global
Business Regulation (Cambridge, Cambridge University
Press 00) by John Braithwaite & Peter Drahos. The
Regulation of International Trade (London, Routledge
99) by Michael Trebilcock & Robert Howse is also of
value in understanding global regulatory regimes.
Christopher May's A Global Political Economy of Intellectual
Property Rights: The New Enclosures? (London, Routledge
00) considers debates about the nature and regulation of
intellectual property in the networked economy. We've highlighted
other writings in the North-South page
of this guide.
Anne Krueger edited The WTO As An International Organization
(Chicago, Uni of Chicago Press 98), an excellent institutional
study. John Jackson's The World Trading System: Law &
Policy of International Economic Relations (Cambridge,
MIT Press 97) and The Jurisprudence of GATT & the
WTO (Cambridge, Cambridge Uni Press 00) are dry; not
recommended unless you are a specialist. The Political
Economy of the World Trading System: From GATT to WTO
(Oxford, Oxford Uni Press ) by Bernard Hoekman & Michael
Kostecki complements Drahos' Global Business Regulation.
USA and the Digital Millennium
The US Digital Millennium Copyright Act (DMCA),
now in effect, resulted from a decade of often heated debate
and criticism of reports or proposals.
Intellectual Property & the National Information
Infrastructure, the detailed 1995 report
of the US Working Group on Intellectual Property Rights,
a subgroup of the Information Infrastructure Task Force
that led to the DCMA, is available online.
The US Association of Research Libraries has a page
devoted to the DMCA. For a business perspective see Mark
Radcliffe's overview
in the Journal of Internet Law and Jonathan Band's
article
in the Stanford Law Review. Pamela Samuelson
critiqued US proposals for what became the DCMA in The
Copyright Grab, a characteristically biting article
in January 1996. A more rounded description is provided
by Intellectual Property in the New Technological Age
(New York, Aspen 00) by Mark Lemley & Robert Merges
and by Ernest Samuels' 1999 paper
Rights On The Net: The Digital Millennium Copyright Act.
the EU
Similar legislation is underway in the EU, with a revised
draft Directive
on Copyright & Related Rights In The Information Society
passed by the EU Parliament in mid-February 2001.
Thomas Dreier produced The Current Copyright Landscape
in the Age Of The Internet & Multimedia, a detailed
report
on the first version of the EU Directive.
The EC Green Paper preceding that Directive is here. Terence
Prime's European Intellectual Property Law (Aldershot,
Dartmouth 00) is one of the better introductions. Papers
in Legal Convergence in the Enlarged Europe of the New
Millennium (Hague, Kluwer 00) edited by Paul Torremans
are particularly valuable.
Later pages of this guide highlight particular issues, such
as protection for indigenous culture in the age of the internet,
and some of the more significant writing about IP principles
and developments.
next page (agencies)
|