The Australian Experimental Use Exemption: An Overview of the Issues

Abstract:     
This article provides a brief overview of the recommendations of various reviews that included evaluation of the need for an express experimental use exemption from infringement. It evaluates the position in Australia (prior to the introduction of the express exemption in the Intellectual Property Laws Amendment (Raising the Bar) Act 2012) both the light of the reviews, Articles 28(1) and 30 TRIPS and of subsequent international developments. The proposed and actual changes to the law do not extend to research tools. The article recommends as a separate and the National Health and Medical Research Council might find it useful to explore the possibility for their grant conditions to control the ability for the public to gain access on reasonable terms to publicly funded research tools to avoid the public paying twice for the inventions.

Number of Pages in PDF File: 37

Keywords: patents, experimental use exemption, research tools, infringement, TRIPS

JEL Classification: O31, O32, O34, O38

Accepted Paper Series