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Australian Intellectual Property Journal



Volume 18, Number 1, February 2007



Published: Wed, 31 Jan 2007 10:52:15 EST

 



EDITORIAL

Wed, 31 Jan 2007 10:52:15 EST

Volume 18, Number 1, February 2007 p.5



ARTICLES

Wed, 31 Jan 2007 10:52:15 EST

Volume 18, Number 1, February 2007



Technological enclosure of copyright: The end of fair dealing?

Wed, 31 Jan 2007 10:52:15 EST

Volume 18, Number 1, February 2007 p.7
Pursuant to its obligations under the Australia-United States Free Trade Agreement, Australia has recently enacted amendments to the Copyright Act 1968 (Cth) that significantly strengthen the legal enforcement of technological protection measures. This article considers whether there is any scope remaining within these provisions for the recognition of the defence of fair dealing. It considers the relevant United States law in order to establish some grounds for arguing that the rights of fair dealing must be preserved in the face of increased use of technological protection measures.



Efficiency, equity and ethics: Examining the policy behind compulsory licensing and access to medicines in developing countries

Wed, 31 Jan 2007 10:52:15 EST

Volume 18, Number 1, February 2007 p.39
In its landmark 30 August 2003 decision, the Council for TRIPS sought to address the public health crises that many developing and least-developed countries face. The decision expanded on the flexibilities in the TRIPS Agreement, waiving members' domestic use obligations in certain circumstances when issuing compulsory licences for pharmaceutical products. Although the benefits of licensing for export under this new mechanism have been extensively mooted, in practice, many members have been slow to implement corresponding domestic laws and no compulsory licences to date have taken advantage of the waiver. By examining the issue from economic, equitable and ethical perspectives, this article critically evaluates the possible role of compulsory licensing in improving access to medicines. It is argued that all three of these perspectives must inform the operation of future compulsory licensing mechanisms in order to maintain a sustainable international IP regime and to supply much needed medicines to the members of our global community.