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Australian Federal Court Clarifies Statutory Termination Rights In Patent Licence Agreement, Tyrone Berger
Australian Federal Court Clarifies Statutory Termination Rights In Patent Licence Agreement, Tyrone Berger
Dr Tyrone Berger
MPEG LA, LLC v Regency Media Pty Ltd [2014] FCA 180, Federal Court of Australia, 6 March 2014. The Federal Court of Australia has ruled that no notice of termination, under s 145 of the Patents Act 1990 (Cth), can be given until all of the patents in respect of the patented inventions identified in the patent licence agreement have ceased to be in force.
Compulsory Licensing Of Patents In Australia: Reforming The Landscape Or Fencing Us In?, Tyrone Berger
Compulsory Licensing Of Patents In Australia: Reforming The Landscape Or Fencing Us In?, Tyrone Berger
Dr Tyrone Berger
The Productivity Commission (‘the Commission’) released its final report to Government into the compulsory licensing provisions of the Patents Act 1990 (Cth) (‘the Act’) on 28 March 2013. Its stated focus, however, is on the operation of compulsory licensing in Australia more broadly, therefore, it considered related parts of the Act, for example, the Crown use provisions and specific technology areas involving Standard Essential Patents (SEPs), which have not undergone the same level of scrutiny in the past. One of the motivations for the inquiry was to assess whether the compulsory licensing provisions can be invoked efficiently and effectively, given …