The Price of Market Access: Patent Give-Aways in AUSTFA and Since

Australian Journal of International Affairs, 69:5, pp 559-576, (Sept) 2015

14 Pages Posted: 10 Jan 2015 Last revised: 28 Feb 2016

See all articles by Hazel V. J. Moir

Hazel V. J. Moir

Australian National University (ANU) - Centre for European Studies, Research School of Social Sciences

Date Written: September 25, 2014

Abstract

Government-backed restraints on trade sit uneasily within trade agreements, whether “free" or preferential. This paper reviews the patent and data exclusivity provisions of the AUSFTA to assess this component of the cost of increased US market access. It also traces other trade agreements which Australia has initiated or participated in, to see how demands for ever greater restraints on trade have developed. The patent and data exclusivity elements of these agreements are assessed against a benchmark of a balanced IP system which preferences competition and an evidence-base. The paper also considers the extent to which data are available which allow the true price of such agreements to be monitored.

Keywords: patent policy,trade policy, AUSFTA, data protection

JEL Classification: O34, L51, L52, L43, F15

Suggested Citation

Moir, Hazel V. J., The Price of Market Access: Patent Give-Aways in AUSTFA and Since (September 25, 2014). Australian Journal of International Affairs, 69:5, pp 559-576, (Sept) 2015, Available at SSRN: https://ssrn.com/abstract=2547292 or http://dx.doi.org/10.2139/ssrn.2547292

Hazel V. J. Moir (Contact Author)

Australian National University (ANU) - Centre for European Studies, Research School of Social Sciences ( email )

Canberra, Australian Capital Territory 0200
Australia

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