Essays on Anticipatory Industry Policies Expected Australia to Accommodate Trans-Pacific Partnership Case Study

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The paper "Anticipatory Industry Policies Expected Australia to Accommodate Trans-Pacific Partnership" is an outstanding example of a business case study.   The Trans-Pacific Partnership commonly referred to as the TPP is an anticipated free trade agreement that is under negotiation among twelve countries. These countries include Australia, Japan, United States, New Zealand, Vietnam, Canada, Chile, Mexico, Brunei, Singapore, and Peru (Fergusson, 2010). As the negotiators posit, the TPP is a high-standard and comprehensive free trade agreement that is envisioned at liberating trade in almost all goods as well as services. The liberation will also involve rules-based commitments beyond those characterized by the Word Trade Organization (Cheong, 2013).

If concluded as proposed, the TPP will remove tariff as well as nontariff barriers related to investment and trade among the member countries. Besides, if concluded as planned, it could as well serve as a template for future trade pact among the Asia-Pacific Economic Corporation (APEC) members and other potential countries. In essence, Australia has a direct interest in the negotiations as its economy will benefit greatly from the proposals made. In effect, this paper aims at delineating the possible anticipatory industry policies that could be developed to facilitate the implementation of the Trans-Pacific Partnership agreement. To start with as signatory, Australia will be required to enact laws that would subscribe to the DRM, also known as the digitals locks (Fergusson, 2010).

As Herreros (2011) argues Australia will need to look at its copyright legislations thus enacting laws that ban the circumvention of technological protection measures (TPMs), also known as the digital locks. Accordingly, Australia will be expected to rewrite its carefully-crafted 2007 technological protection measures. However, the new copyright law will not touch on the region-coding on players, video games, movies on DVDs and as well as embedded software stored in devices that restrict access to goods as well as services (James, 2010).

Like in the U. S, the Australian businesses could use the new copyright enactment as a basis for blocking the refilling of printer cartridges services as well as lock mobile phones to specific network providers. Further, with respect to the Intellectual property Chapter, Australia will be expected to come up will more stringent laws that may deprive of journalist’ s freedom to reveal or even access information that is allegedly confidential through a computer system.

Thus, whistleblowers will be legally accountable for disclosing any suspected misdoings by an individual or a company as the TPP agreement prohibits misuse of trade secrets. Looking at the IP chapters, Australian will have to develop very strict policies aimed at putting a restriction on Fair Use (Dfat. gov. au. 2015). Accordingly, the TPP proposed a Three-Step-Test with regard to the intellectual property laws. Thus, Australia will have to enact a clause in its intellectual property laws aimed at standardizing possible limitations as well as exceptions to exclusive rights under the Australian copyright laws.

The Three-step-Test is related to fair use, exceptions and limitations as well as fair dealing systems associated with copyrights (Capling, & Ravenhill, 2012). The systems are aimed at putting limitations associated with the exclusive rights copyright owners must have in order to reproduce their work for a specific period of time. The Intellectual Property chapter of the TPP proposed that the signatory members come up with laws that incorporate the Three-step-Test (Cheong & Tongzon, 2013).

This means that under the Australian legislation, all copyrighted content that has been determined to be fair or is within a counted set of limitations, as well as exceptions, will not be constituted as an infringement. Users will be in a position to make a full or partial copy of all copyrighted works even when the author or producer of the material has not given permission to use the copyrighted material.

References

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Cheong, I. (2013). Negotiations for the Trans-Pacific Partnership agreement: Evaluation and implications for East Asian regionalism.

Cheong, I., & Tongzon, J. (2013). Comparing the Economic Impact of the Trans-Pacific Partnership and the Regional Comprehensive Economic Partnership*. Asian Economic Papers, 12(2), 144-164.

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