The Australian Government should not generally endorse action that is probably in breach of international agreements. But we should not be afraid to take a proactive, strategic approach to the negotiation of international agreements.
And we should remember that, in all this, the real risk takers are the firms taking action which might ultimately be disciplined by resolution under an international agreement. For those firms will be making investments and establishing trade patterns hydrocodone m367 which might ultimately be disrupted by a state taking action that may adversely affect them. Chapter 4 discusses the specific issues of manufacturing for export (MFE) and stockpiling of patented products. It finds that it hydrocodone m367 would be in Australia's national interest, and other countries', to change their domestic law to allow these activities to occur. However, the words of both TRIPS and AUSFTA tend to presuppose that, at the time they were negotiated and agreed, domestic patent law provided optimal reward for invention without unduly restricting further innovation. As a result it seems likely that acting in Australia's and the global interest on MFE and stockpiling would be inconsistent with TRIPS and/or AUSFTA. Alternatively, if exceptions permitting MFE and stockpiling were legislated in Australia, they would need to be heavily constrained in scope and therefore in value in order to be brought into consistency with the international framework.
The impact of constraints placed on Australia by current agreements highlights the importance of prevacid tap pharm brand pharmacy canadian hydrocodone Australia's Government representatives - at both the official and political level - having a broad strategic economic understanding of Australia's national interests regarding IP when negotiating agreements containing substantial IP content. This point was made in the Productivity Commission (PC) 2010 research report Bilateral and Regional Trade Agreements. 36 There the PC indicated that it was not convinced that the approach adopted by Australia in relation to IP in trade agreements has always been in the best interests of either Australia or (most of) hydrocodone m367 its trading partners. The PC noted that there does not appear to have been any economic analysis of the specific provisions in AUSFTA prior to its finalisation, despite clear net costs to Australia and other countries on some issues. A PC staff paper49 also subsequently identified substantial net costs to Australia in extending the patent term from 16 to 20 years under TRIPS. The PC recommended that the Government avoid the inclusion of IP matters as matter of course in future bilateral and regional free trade agreements. IP provisions should only be included in cases where a rigorous economic analysis hydrocodone m367 shows that the provisions would likely generate overall net benefits for the agreement partners.
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