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Productivity Commission parallel importation report - supplementary document regarding Australia’s international legal obligations available
The Productivity Commission has released the advice received from the Office of International Law (dated 4 June 2009) in relation to Australia’s international legal obligations and the Commission’s report dealing with the parallel importation of books.
The advice addresses a suggestion from some booksellers that parallel importation protection for ‘Australian versions’ of books be retained, and importation only would be allowed in situations where an ‘Australian version’ is unavailable.
The advice concludes that this proposal would be inconsistent with Article 6 of TRIPS (with reference to provisions regarding ‘National Treatment’ and ‘Most Favoured Nation’: Articles 3 and 4) and therefore unlikely to be consistent with the AUSFTA or the Berne Convention.