According to the OECD, intellectual property rights give the innovator an exclusive right to the economic exploitation of his invention for a specified period where the possibility of excluding counterfeiting is the most important aspect of the property rights conferred on the innovator. (4) The ip policy in the other country aims to reconcile two competing objectives. On the one hand, intellectual property rights are a restriction on trade and it is not immediately clear that measures to strengthen intellectual property rights are included in a free trade agreement, unless the objective is to weaken them. Intellectual property rights can and have been used to preserve the monopoly power of large companies and curb technological developments. On the other hand, intellectual property rights aim to promote innovation and the introduction of new products and processes that benefit the whole Community. Intellectual property rights advocates see temporary monopolies as an incentive to attract innovation. These arguments will be discussed below. In other respects, the IT industry has emphasized the development of common standards and interoperability, the ability of products from different suppliers to work together. The Australian government has a strong position on interoperability. For its own purposes, it has published the technical framework for interoperability for the Australian government and believes that achieving interoperability will improve efficiency, reduce costs for businesses and public authorities and improve the ability of authorities to respond to changes in law and order. (60) The essence of the policy is to adopt relevant international standards, which themselves reflect the impression of producing computer software and hardware capable of intermingling without major problems for companies. It seems that companies and other large users have been able to make a profit through common standards and interoperability.
However, interoperability seems to evade designed objects. In other respects, there are trends in the opposite direction. U.S. and European courts have forced Microsoft to open its technology to allow its competitors to offer Windows-compatible products. Big business, the Australian government and international standards promote interoperability, so that at least in principle, everything can be integrated into everything else. Buying a brand should not rule out choice in the future. Interoperability objectives are thwarted by strong uz rights, which allow manufacturers to prevent their products from being used in combination with cheaper alternatives. In recent decades, it is worrying that intellectual property rights have not been respected in today`s emerging countries, such as China, Vietnam and other developing countries. This was part of the motivation for the implementation of the TRIPS agreement, which came into force in January 1995, and its final approval.
As noted above, auSFTA extends the duration of protection for copyrighted material, with Section 17.4.4 in need of protection 70 years after the author`s death and not 50 years of protection in Australia.