Law Commons^™

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 …