Problems relating to Trade and Investment on Australia
17. Implementation of intellectual property rights ("IPRs") |
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Issue |
Issue details |
Requests |
Reference |
| (1) Restrictive Rules on Reproduction for Private Use | - Reproduction for private use actually takes place from an officially purchased music CD into a Personal Computer (PC), from PC to portable audio player, from broadcast programme to audio/video recorder for time-shift, as well as to Smartphone (for listening/viewing while away from home), digitization of books purchased for tablet reading, etc. In light of the fact that all of these conducts cannot be considered injurious to copyright holder, the right of copyright holder requires restrictions.Nevertheless, in certain countries, these conducts are considered illegal, or even if stipulated as legal on certain conducts, such stipulation could be insufficient. Furthermore, in Japan, Article 30 of the Copyright Act restricts copyright relatively broadly in regard to reproduction for private use. | - It is requested that IP Australia introduces restriction on copyright for reproduction for private use on a realistic basis. | - In Australia, Note (to Article 111 of Copyright Act 1968) provides: "Even though the making of the film or recording does not infringe that copyright, that copyright may be infringed if a copy of the film or recording is made." |
| (2) Anxiety over IPRs Infringement and Increased Counterfeiting from Introduction of TPPL | - Introduction of Tobacco Plain Packaging Legislation (TPPL) on tobacco products has heavily reduced the identification capabilities (between the products), being the essential faculty of trademarks, materially destructing the "brand value", and consequently damaging the sound market competitions. More precise concerns include, without limitation, customers purchase of unintended products from the difficulty of making distinction, customers' shift to less expensive products, and finally, closing the door for new entry into the market. In addition, simpler packages facilitate counterfeiting activities, resulting in the growth of counterfeits in the market. (Note) TPPL, a measure to standardise configuration, colour, etc., of individual tobacco package, largely restrict the space on the packaging by the mandate to print specifically, "warnings with photo" (in the 75% of the total area front, and 90% back). |
- As described in the left column, TPPL infringes upon intellectual property right of business operators, consequently hindering the industrial development through sound market competitions. On the other hand, prevention of Juvenile Smoking is deemed possible through education, with tightened penalties, etc. It is therefore requested that GOA implements the regulation based on the principle lie of proportionate general rules. - It is requested that GOJ grasps the issues fully and takes positive steps for resolving the problems. |
- Tobacco Plain Packaging Act 2011 - Tobacco Plain Packaging Regulations 2011 |
| (Action) - In November 2011, federal parliament passed both "Tobacco Plain Packaging Act 2011" and "Australia Trade Marks Amendment (Tobacco Plain Packaging) Act 2011" enforced in December 2011. On and after 1 December 2012, tobacco packaging shall have uniform dark brown silkscreen surface, with brand name and type showing on the front of the package in the even-spaced characters. Harmful to health warning can be marked at least 75% of the space on the front outer surface and 90% of the space at the back surface. - Article 29.5: "Tobacco Control Measures" of The Trans-Pacific Partnership (TPP) agreement, signed on 4 February 2016 by the 13-states, including Australia, under CHAPTER 29 (Exceptions and General Provisions) and General Terms Article 29.5 provide in substance: Contracting party implementing tobacco control measures may elect to deny benefits on such measures under investor state dispute settlement. |
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