The Conundrum of Intellectual Property Rights: Domestic Interests, International Commitments and the Australian Music Industry

Abstract

The creation and exploitation of intellectual property is of central importance to Australia's economic security and cultural identity. However, the protection of intellectual property rights can have undesirable consequences including the protection of anti-competitive business environments; the privileging of private over public interest; and the erosion of the state's policy autonomy. In a case study of the recent conflict over the import of compact discs into Australia, this article demonstrates how the Commonwealth Government's attempt to curb the oligopolistic behaviour of the major foreign-owned record companies has been undermined by its desire to demonstrate its commitment to intellectual property rights, especially in the context of the Uruguay Round of GATT negotiations and the new agreement on Trade Related Aspects of Intellectual Property TRIPS.