University of New South Wales Faculty of Law Research Series

 

Not A Fair Trade: Australia’s TPM Protection and AUSFTA-Inspired Reforms

Graham Greenleaf, University of New South Wales
Alana Maurushat, University of New South Wales
David Vaile, University of New South Wales
Catherine Bond, University of New South Wales
Abi Paramaguru, University of New South Wales

Article comments

This paper can also be referenced as [2007] UNSWLRS 19.

Abstract

The exposure draft for the Copyright Amendment (Technological Protection Measures) Bill 2006 was released with the aim of replacing Australia's existing technological protection measure scheme. The Bill also sought to implement Australia's obligations under the Australia- United States Free Trade Agreement as well as create additional exceptions to particular dealings with technological protection measures.

This paper, a submission to the Australian Attorney-General's Department, examines areas where the Bill can be improved. The paper criticises the broad definitions of 'technological protection measure' and 'circumvention' contained in the Bill. It suggests there is a need to strengthen the new exceptions proposed. The paper also recommends additional exceptions for breaches of Australian law and orphan works.

(UNSWLRS Editorial note: None of the changes proposed were adopted by the Australian Government.)

Subject Area

Intellectual Property Law, Law and Technology

Recommended Citation

Graham Greenleaf, Alana Maurushat, David Vaile, Catherine Bond, and Abi Paramaguru, "Not A Fair Trade: Australia’s TPM Protection and AUSFTA-Inspired Reforms" (March 2007). University of New South Wales Faculty of Law Research Series. University of New South Wales Faculty of Law Research Series. Working Paper 19.
http://law.bepress.com/unswwps/flrps/art19

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