Limits of Free Trade Agreements - The New Zealand/Australia Experience

INTELLECTUAL PROPERTY ASPECTS OF FREE TRADE AGREEMENTS IN THE ASISA-PACIFIC REGION, Christoph Antons and Reto Hilty, eds., Kluwer Law International, Forthcoming

Victoria University of Wellington Legal Research Paper No. 38/2011

16 Pages Posted: 3 Nov 2011 Last revised: 5 Apr 2015

See all articles by Susy Frankel, FRSNZ

Susy Frankel, FRSNZ

Victoria University of Wellington

Megan Richardson

University of Melbourne - Law School

Date Written: January 25, 2010

Abstract

This chapter discusses the several reasons why relations between New Zealand and Australia have not become closer notwithstanding the Closer Economic Relationship (CER) Agreement between the countries. The authors suggest that the experience of CER offers a salutary tale on the limits of 'old style' broad agreements in developing free trade; especially when compared to the new style FTA. The authors conclude that the differences between Australia and New Zealand intellectual property law are considerable in detail and in approach. In Australia, where intellectual property standards tend to track those in the US and Europe (even beyond those levels prescribed by the international agreements), it is often wondered why New Zealand is so intent on maintaining its own course in matters such as copyright term and parallel imports. Conversely, the attitude of many New Zealanders is that the New Zealand position is best for New Zealand, even if something else may be better for Australia.

Keywords: intellectual property, free trade agreements, New Zealand, Australia

Suggested Citation

Frankel, Susy R. and Richardson, Megan, Limits of Free Trade Agreements - The New Zealand/Australia Experience (January 25, 2010). INTELLECTUAL PROPERTY ASPECTS OF FREE TRADE AGREEMENTS IN THE ASISA-PACIFIC REGION, Christoph Antons and Reto Hilty, eds., Kluwer Law International, Forthcoming; Victoria University of Wellington Legal Research Paper No. 38/2011. Available at SSRN: https://ssrn.com/abstract=1936929

Susy R. Frankel (Contact Author)

Victoria University of Wellington ( email )

PO Box 600
Wellington, 6140
New Zealand

Megan Richardson

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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