TPP and Related Documents (IP Australia)

Brendan Molloy made this Freedom of Information request to IP Australia

The request was partially successful.

From: Brendan Molloy

Delivered

Dear IP Australia,

I hereby request, under the Freedom of Information Act (1982),
copies of the following documents:

1) C2012/12282 Trans Pacific Partnership Free Trade Agreement - Pharmaceutical Provisions
2) C2012/12298 Trans Pacific Partnership 2012 Free Trade Agreement - Round 14 Negotiations - Leesburg (Washington DC) USA
3) C2012/12458 Trans Pacific Partnership Free Trade Agreement - International Exhaustion/Parallel Importation
4) C2012/12687 Trans Pacific Partnership Free Trade Agreement - Traditional Knowledge - Genetic Resources And Traditional Cultural Expressions
5) C2012/12966 Briefing And Ministerial Correspondence 2012 - Gene Patenting - Domestic Policy
6) C2012/13878 Trans Pacific Partnership 2012 Free Trade Agreement - Round 15 Negotiations - Auckland NZ

I also make the application that all costs for the processing of
this request be waived on the grounds that the release of this
information is in the public interest, will enhance the
transparency of the process and the public debate surrounding
potential legislative changes.

--
Regards,

Brendan Molloy
Secretary
Pirate Party Australia

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From: Jacqueline Carroll
IP Australia


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Attachment 2013 05 17 P Harrison to FOI applicant acknowledging request advising of extension of time to consult.pdf
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Dear Mr Molloy

 

Please find attached a letter from Mr Philip Harrison in relation to your
recent FOI request.

 

Regards

 

Jackie Carroll

Assistant Director

Domestic Policy

Business Development and Strategy

IP Australia

 

[1]cid:image001.jpg@01CE5249.0D7896A0

 

P  + 61 2 6283 2152   │   F  + 61 2 6283 7999   │   E
[2][email address]

A   47 Bowes Street, Phillip ACT 2606   │   PO Box 200, Woden ACT
Australia 2606

 

Visit us at [3]http://www.ipaustralia.gov.au

 

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From: Sean Applegate
IP Australia


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Attachment 2013 07 02 Preliminary assessment of charges letter.pdf
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Dear Mr Molloy

 

Please find attached a preliminary assessment of charges relating to your
FOI request of 10 May 2013.

 

regards

Sean Applegate

Assistant Director

Domestic Policy

IP Australia

 

[1]cid:image001.png@01CE7719.27C1E7B0

 

P  + 61 2 6283 2207   │   F  + 61 2 6283 7999   │   E
[2][email address]

A   47 Bowes Street, Phillip ACT 2606   │   PO Box 200, Woden ACT
Australia 2606

 

Visit us at [3]http://www.ipaustralia.gov.au

 

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From: Brendan Molloy

Delivered

Dear Mr Applegate,

I contend that the proposed $2160 fee for fulfilling this request is excessive, that the request has been wrongly assessed and contend that the fee should not be charged.

A substantially similar request was submitted to the Attorney General's Department by me that was fulfilled yesterday, which included significant processing, with no question contesting that the request was not in the public interest, and without charges applied[1].

Given that the ambit of the request is substantially the same, and has merely been sent to a different department as the AGD does not have the documents requested in this request, I find it dubious that this request would not be considered in the public interest.

You also have not supplied a justification as to why you believe this request to not be in the public interest, which makes it difficult to address your core concerns and justifications, and leads me to believe that you are being obstructionistic.

As the nature of the documents requested are not related to national security, and are in fact relating to a trade agreement that has the potential to require sweeping changes to Australia's legislation in order to be ratified, the unprecedented secrecy surrounding this agreement and related documents is unacceptable.

It is of great importance that the citizens of Australia have access to as much information as possible so that that all stakeholders can provide educated input at a stage where the agreement can still be changed prior to signing. I note that all citizens are stakeholders in an agreement that has the potential to change legislation such as intellectual property and labour laws, as worker rights affect everyone and copyright applies automatically to everything that is considered a copyrightable work under the Copyright Act in this country.

In summary, this request is substantially similar to another request that was considered to be in the public interest, and no fees were required to be paid. The documents requested are in the public interest due to the lack of transparency around this agreement and a lack of solid information that allows the stakeholders to build an informed opinion regarding this trade agreement.

I request that this request is re-assessed and that all fees are waived. It would be an affront to democracy to deny this request.

[1] https://www.righttoknow.org.au/request/t...

--
Regards,

Brendan Molloy
Secretary
Pirate Party Australia

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From: Jacqueline Carroll
IP Australia


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Dear Mr Molloy

 

Request for extension of time under s15AA of the FOI Act

 

The purpose of this email is to request an extension of time for 7 days
from 9 July 2013 to 16 July 2013 to process your request for access to
documents from the following files:

1) C2012/12282 Trans Pacific Partnership Free Trade Agreement -
    Pharmaceutical Provisions
2) C2012/12298 Trans Pacific Partnership 2012 Free Trade Agreement
    - Round 14 Negotiations - Leesburg (Washington DC) USA
3) C2012/12458 Trans Pacific Partnership Free Trade Agreement -
    International Exhaustion/Parallel Importation
4) C2012/12687 Trans Pacific Partnership Free Trade Agreement -
    Traditional Knowledge - Genetic Resources And Traditional Cultural
    Expressions
5) C2012/12966 Briefing And Ministerial Correspondence 2012 - Gene
    Patenting - Domestic Policy
6) C2012/13878 Trans Pacific Partnership 2012 Free Trade Agreement
    - Round 15 Negotiations - Auckland NZ

 

IP Australia had hoped to be able to issue a decision by next Tuesday 9
July, however we are still awaiting a response from a number of other
agencies in relation to our consultations with them. I anticipate that
once we receive a response from them, it will only be a matter of a day or
two before the decision can be issued.

 

If you agree to this request, could you please advise my by return email.

 

My apologies once again for this unforeseen delay.

 

Regards

 

Jackie Carroll

Assistant Director

Domestic Policy

Business Development and Strategy

IP Australia

 

 

P  + 61 2 6283 2152   │   F  + 61 2 6283 7999   │   E
[1][email address]

A   47 Bowes Street, Phillip ACT 2606   │   PO Box 200, Woden ACT
Australia 2606

 

Visit us at [2]http://www.ipaustralia.gov.au

 

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From: Brendan Molloy

Delivered

Dear Ms Carroll,

I do not consent to any extension given the already utilised 30 day extension.

--
Regards,

Brendan Molloy
Secretary
Pirate Party Australia

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From: Jacqueline Carroll
IP Australia


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Dear Mr Molloy,

Thank you for your prompt response to my request.

Regards

Jackie Carroll
Assistant Director
Domestic Policy
Business Development and Strategy
IP Australia

P + 61 2 6283 2152 │ F + 61 2 6283 7999 │ E [email address]
A 47 Bowes Street, Phillip ACT 2606 │ PO Box 200, Woden ACT Australia 2606

Visit us at http://www.ipaustralia.gov.au

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From: Jacqueline Carroll
IP Australia


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Attachment 2013 07 09 Decision letter to FOI requester.pdf
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Dear Mr Molloy

 

Please find attached the decision-maker’s letter and your rights of review
in response to your FOI request.

 

Regards

 

Jackie Carroll

Assistant Director

Domestic Policy

Business Development and Strategy

IP Australia

 

 

P  + 61 2 6283 2152   │   F  + 61 2 6283 7999   │   E
[1][email address]

A   47 Bowes Street, Phillip ACT 2606   │   PO Box 200, Woden ACT
Australia 2606

 

Visit us at [2]http://www.ipaustralia.gov.au

 

P Please consider the environment before printing this email

 

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From: Brendan Molloy

Delivered

Dear Mr Wright,

With regard to my request under the Freedom of Information Act 1982 (Cth), I contend that the charge has been wrongly assessed, and that the charge imposed on the request should be reduced, or not imposed.

The precedent set by the Department of Immigration and Citizenship (DIAC) with regard to defining "substantially the same" implies that it is the essence of the request, and not the specific content, that determines what "substantially the same" means. In the situation of DIAC, requests for separate files relating to detention were treated in an identical manner as the gist of the requests were considered similar enough, regardless of whether or not that file contained one page or a thousand pages[1][2]. I contend that this also applies to IP Australia and the Attorney-General's Department insofar as the requests involve similar and related content.

Therefore I maintain that ambit is not dissimilar to that of the request I referred to in my previous email. At no point did IP Australia state that this request would be an unreasonable diversion of resources nor constituted a practical refusal reason, and you yourself state in your response that you do not consider the time spent on this request as excessive. No opportunity was granted to me to further limit the scope of my request in order to lower the time, and therefore potential cost, of the request, and by the nature of what is essentially a 'bait and switch tactic,' I continue to attest that IP Australia is being obstructionistic.

It is in the public interest that any information that is held by the public service that can inform debate about potential legislative changes should be in the public domain. This is especially true of information pertaining to gene patents, as there is quite a limited amount of information specific to the Australian legislative environment, which would go a long way to informing the discourse surrounding issues around patenting genes and genetic material. It is worth more to the Australian community to have these documents released than having an unreasonable charge levied that will result in the documents never being released.

I contend that the charge has been wrongly assessed, that there is precedent to prove that the ambit of the requests being compared are substantially the same and should therefore have no fees levied, and that it is strongly in the public interest to have these documents released that can inform the public debate around the Trans-Pacific Partnership Agreement, and gene patenting.

[1] https://www.righttoknow.org.au/request/2...
[2] https://www.righttoknow.org.au/request/1...

--
Regards,

Brendan Molloy
Councillor
Pirate Party Australia

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From: Jacqueline Carroll
IP Australia


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Dear Mr Molloy,

Thank you for your e-mail containing further submissions regarding the
charges in relation to your FOI request, in response to the
decision-maker’s letter from Mr Adam Wright dated 9 July 2013.

Please confirm whether you are requesting an internal review of this
decision, pursuant to section 53A(e) of the FOI Act. An internal review
would be conducted by a senior departmental officer who was not involved
in the original decision, but who will be provided with all relevant
material in order to make a fresh decision in this matter. A decision
would be made within 30 days of your request for internal review.

On the other hand, should you wish to make a request to the Information
Commissioner for a review of the decision, please contact the OAIC direct
- the contact details are provided in the decision-maker’s letter.

 

Regards

 

Jackie Carroll

Assistant Director

Domestic Policy

Business Development and Strategy

IP Australia

 

 

P  + 61 2 6283 2152   │   F  + 61 2 6283 7999   │   E
[1][email address]

A   47 Bowes Street, Phillip ACT 2606   │   PO Box 200, Woden ACT
Australia 2606

 

Visit us at [2]http://www.ipaustralia.gov.au

 

P Please consider the environment before printing this email

 

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From: Brendan Molloy

Delivered

Dear Ms Carroll,

I am indeed requesting an internal review.

--
Regards,

Brendan Molloy
Councillor
Pirate Party Australia

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From: Brendan Molloy

Delivered

To whom it may concern,

It has now been more than two weeks since I requested an internal review of this FOI request.

--
Regards,

Brendan Molloy
Councillor
Pirate Party Australia

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Brendan Molloy left an annotation ()

I should probably note that a few weeks ago, IP Australia started contacting me on my personal address because for whatever reason, they claim emails they sent to RTK weren't getting through.

After the Pozible campaign to get the $1080 to pay for the request, back and forth on how to get the documents published. Ultimately, they're just going to publish them to the Disclosure Log and I'll provide a link here once it's up.

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Brendan Molloy left an annotation ()

The documents can be found here: http://www.ipaustralia.gov.au/about-us/f...

Link to this

IP Australia


Attachment FOI released documents log 5481.pdf
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[Upload from FOI disclosure log by Right To Know administrators]

Trans Pacific Partnership FTA and Gene Patenting

23 Oct 2013

Release Type:
Part release – exemptions applied under sections 33, 47F and 47G of the Freedom of Information Act 1982.
Log No:
548
Proposed deletion date:
23 Oct 2014
Other Information
This is a 2376 page document.

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Henare Degan left an annotation ()

The above link to the disclosure log was broken. When I managed to track the document down I also discovered the authority planned to delete the document so I uploaded this document from the disclosure log here.

Henare
Right To Know administrator

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Things to do with this request

Anyone:
IP Australia only: