Another Missed Opportunity to Reform Compulsory Licensing and Crown Use in Australia

(2014) 25 AIPJ 74

19 Pages Posted: 27 Jan 2015

See all articles by Jane L Nielsen

Jane L Nielsen

University of Tasmania

Dianne Nicol

University of Tasmania

John Liddicoat

University of Cambridge - Faculty of Law; University of Tasmania

Tess Whitton

University of Tasmania

Date Written: December 20, 2014

Abstract

This article considers the current status of the provisions in the Patents Act 1990 (Cth) relating to compulsory licensing and Crown use, and provides an analysis of the report resulting from the Productivity Commission's 2013 inquiry into the compulsory licensing of patents. The provisions relating to use without authorisation contain a number of deficiencies, some of which have been well documented. While the Productivity Commission was given the opportunity to rectify a number of these issues, its somewhat tentative approach to reform means that the prospect of significant clarification has been passed up. This article urges that the ramifications of implementing the proposed tests be carefully considered. Rather than promoting clarity, certainty and simplicity, the proposed amendments are likely to exacerbate the problems inherent in the current compulsory licensing provisions, and introduce a host of new issues that will require resolution.

Keywords: compulsory licences, Crown Use, Patents Act, Australia, use without authorisation

Suggested Citation

Nielsen, Jane L and Nicol, Dianne and Liddicoat, Johnathon and Whitton, Tess, Another Missed Opportunity to Reform Compulsory Licensing and Crown Use in Australia (December 20, 2014). (2014) 25 AIPJ 74, Available at SSRN: https://ssrn.com/abstract=2556049 or http://dx.doi.org/10.2139/ssrn.2556049

Jane L Nielsen

University of Tasmania ( email )

French Street
Sandy Bay
Tasmania, 7250
Australia

Dianne Nicol

University of Tasmania ( email )

French Street
Sandy Bay
Tasmania, 7250
Australia

Johnathon Liddicoat (Contact Author)

University of Cambridge - Faculty of Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

University of Tasmania ( email )

French Street
Sandy Bay
Hobart, Tasmania 7001
Australia

Tess Whitton

University of Tasmania ( email )

French Street
Sandy Bay
Tasmania, 7250
Australia

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