Trade-Related Aspects of Intellectual Property Rights - Laws and Regulations under TRIPS Art. 63.2

Laws and Regulations under TRIPS Art. 63.2 - View details of the document

English

French

Spanish

Main information

Document symbol

IP/N/1/AUS/7, IP/N/1/AUS/C/16

Distribution date

1. Notifying Member

Notifying Member

Australia

On behalf of group

On behalf of other Members

3. Notification status

First notification

Amendment or revision to notified legal text(s)

Replacement or consolidation of legal text(s)

Previous notification(s) referred to if known

Main dedicated intellectual property law or regulation (Main laws and regulations must be notified in a WTO language (English, French or Spanish). Where an authentic national text of a law or regulation is not available in a WTO language, the authentic text of that law or regulation in a national language shall be notified, in addition to the translation into a WTO language.)

Other law or regulation (Other laws and regulations can be notified in a Member's national language)

6. Brief description

The Act amends the Copyright Act 1968 to enable the owner of a copyright to apply to the Federal Court of Australia ("Federal Court") for an order requiring a Carriage Service Provider (CSP) to block access to an online location that has the primary purpose of infringing copyright or facilitating the infringement of copyright. The Act provides that copyright owners are able to apply directly to the Federal Court for an injunction to disable access to an infringing online location, without having to first establish the CSP's liability for copyright infringement or authorisation of copyright infringement. This judicial process is more efficient and avoids implicating CSPs unnecessarily. The injunction power only applies to online locations operated outside Australia. The Court has discretion to take into account a number of factors before granting an injunction. These factors include: • the flagrancy of the infringement or its facilitation; • whether disabling access to the online location is a proportionate response in the circumstances; • the impact on any person likely to be affected by the grant of the injunction; and • whether it is in the public interest to disable access to the online location. The factors that the Federal Court of Australia may take into account before granting an injunction to disable access to an overseas infringing online location set an intentionally high threshold test for satisfaction by the Court. The purpose of these changes is to allow a specific and targeted remedy to prevent those online locations which flagrantly disregard the rights of copyright owners from facilitating access to infringing copyright content. The injunction power operates as a no-fault remedy. It is not intended to affect existing laws on infringement, copyright exceptions or limitations, authorisation liability or any of the safe harbour conditions. Furthermore, the Court granting an injunction would not create a presumption that the CSP has infringed copyright nor authorised the infringement of copyright.

7. Date of entry into force

Date of entry into force (DD/MM/YYYY)

Please provide explanation if necessary

8. Other date

Adoption, or

Enactment, or

Publication, or

Issuance by legislature or executive

None

DD/MM/YYYY

Laws and Regulations under TRIPS Art. 63.2 - View details of the document

Main information

1. Notifying Member

2. Subject matter

3. Notification status

4. Title of law or regulation

5. Nature of notification

6. Brief description

7. Date of entry into force

8. Other date

9. Other information (if applicable)

10. Contact information of agency or authority responsible

11. Link to Legal text

12. Notes