One commentator remarked on the process of developing the A USFTA:
The Joint Standing Committee on Treaties ('JSCOT') reviewed the AUSFTA, and, while they recommended the adoption of the A USFTA, JSCOT made a number of recommendations concerning the IP chapter to address what they perceived as imbalances which the AUSFTA would create.
A Senate Select Committee then reviewed the A USFTA, and its implementing legislation.
The Digital Agenda Amendments, the DMCA, and the A USFTA all require that a TPM must protect a work in which copyright subsists.
Under the A USFTA, the same product might be a circumvention device merely because it was 'promoted, advertised, or marketed' for the purpose of circumvention, or designed or produced to facilitate circumvention.
(45) However, it is important to appreciate the basic principles governing the US system--in particular the Hatch-Waxman Act (46)--in order to understand the US negotiating position and the basis for the changes introduced by the A USFTA. It is certainly true that the Australian regulatory framework is far from identical to its US counterpart.
Owing to their specificity and more relevant objectives, these analyses are to be preferred as background sources when trying to discern the implications of the A USFTA.
This leads to the core of the US-advocated A USFTA provisions, which are contained in the blandly designated art 17.10 ('Measures Related to Certain Regulated Products').
(121) This feature has been available since the introduction of the innovation patent system, but the A USFTA changes now extend the advantages of such an approach by enabling patents to be obtained immediately, thus triggering further complications for a generics competitor.
These are not fundamentally new problems but some of the changes introduced by the A USFTA further promote extended protection.