Trade and Intellectual Property: Some Observations

Mason, Anthony

doi:10.1080/08109029808629279

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Prometheus

Volume 16, Issue 3

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Trade and Intellectual Property: Some Observations

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Author(s): Anthony Mason

Publication date (Print): September 1998

Journal: Prometheus

Publisher: Pluto Journals

Keywords: globalization, intellectual property, sovereignty, trade

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Abstract

Intellectual property rights run counter to the interests of consumers and the public. They are also exploited in anti-competitive ways. On this account these rights should be qualified or subjected to competition regulation. The globalization of intellectual property exposes the interests of consumers and the public to greater risks unless appropriate mechanisms of protection are developed.

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Journal ID (publisher-id): cpro20

Journal ID (archive): CPRO

Title: Prometheus

Subtitle: Critical Studies in Innovation

Publisher: Pluto Journals

ISSN (Print): 0810-9028

ISSN (Electronic): 1470-1030

Publication date (Print): September 1998

Volume: 16

Issue: 3

Pages: 249-254

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Publisher ID: 8629279 Coden ID: Prometheus, Vol. 16, No. 3, 1998: pp. 249–254

DOI: 10.1080/08109029808629279

SO-VID: 05fd345b-70f7-4ac5-bd65-239345d91fca

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All content is freely available without charge to users or their institutions. Users are allowed to read, download, copy, distribute, print, search, or link to the full texts of the articles in this journal without asking prior permission of the publisher or the author. Articles published in the journal are distributed under a http://creativecommons.org/licenses/by/4.0/.

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Figures: 0, Tables: 0, References: 9, Pages: 6

Notes and References

This article is based on an Australian submission to an OECD Competition Law and Policy Committee, Roundtable on Intellectual Property Rights, October 1997.
(1992) 36 FCR 340.
(1997) 145 ALR 21.
National Competition Policy, Report by the Independent Committee of Inquiry, AGPS, Canberra, 1993.
Radio Telefs Eireann v. European Commission (1995) 4 CMLR 718.
Ibid, at 729.
Ibid, at 730.
Ibid, at 757.
But the external affairs power granted to the Federal Parliament by the Australian Constitution would not authorize a contrary law.

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[1] This article is based on an Australian submission to an OECD Competition Law and Policy Committee, Roundtable on Intellectual Property Rights, October 1997.

[2] (1992) 36 FCR 340.

[3] (1997) 145 ALR 21.

[4] National Competition Policy, Report by the Independent Committee of Inquiry, AGPS, Canberra, 1993.

[5] Radio Telefs Eireann v. European Commission (1995) 4 CMLR 718.

[6] Ibid, at 729.

[7] Ibid, at 730.

[8] Ibid, at 757.

[9] But the external affairs power granted to the Federal Parliament by the Australian Constitution would not authorize a contrary law.

Prometheus

Trade and Intellectual Property: Some Observations

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