Submission to the Joint Standing Committee on Treaties inquiry into Certain Aspects of the Treaty-making Process in Australia

With copyright and IP increasingly included in international treaties and free trade agreements, the secrecy of trade negotiations reduces the transparency around IP negotiations, which is almost invariably contrary to the public interest.

A submission by us to the Joint Standing Committee on Treaties (JSCT) inquiry into Certain Aspects of the Treaty-making Process in Australia. Our submission summaries and reiterates concerns we have expressed previously in other forums. In particular, we believe that there should be transparency and adequate scrutiny in the treaty-making process where IP matters are within the scope of a trade agreement.

In the submission we reiterate our prior calls for:

Defaulting against inclusion of IP in FTAs
Avoiding changes to Australian law that might upset the copyright balance
A commitment to consultation and transparency
A greater role for Parliament in treaty-making processes
Avoiding legislative inflexibility by ‘locking in’ laws
Avoiding scope creep during implementation.

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