Productivity Commission on Compulsory Licensing: Draft Report

The Productivity Commission has released its draft Report on Compulsory Licensing of  Patents. There are 10 chapters and 4 appendices. The main (draft) recommendations at this stage are the repeal of s 133(2)(b), 135 and 136 of the Patents Act. The Productivity Commission also in substance renews the call to repeal s 51(3) of the […]

Intellectual Property Laws Amendment Bill 2012 – exposure draft

IP Australia has released for public comment an exposure draft of the proposed Intellectual Property Laws Amendment Bill 2012. The Bill has 2 purposes: to amend the Patents Act 1990 in light of the DOHA Declaration / TRIPS Protocol; and to confer original jurisdiction in matters arising under the Plant Breeder’s Rights Act 1994 on […]

Compulsory licensing of patents

The Assistant Treasurer has referred the operation of the compulsory licence regime within the Patents Act 1990 to the Productivity Commission for review. At present, sections 133 to 140 of the Patents Act provide for applications to be made to the Federal Court for a compulsory licence to work a patent where (i) the applicant […]

PPCA v Commonwealth

The High Court has rejected the constitutional challenge to the validity of the “1%” cap on licence fees payable by broadcasters to the record companies on very narrow and specific grounds. Section 109 of the Copyright Act 1968 provides a compulsory licence for the broadcasting to the public of sound recordings. Section 152, however, caps […]

Compulsory licences for patented medicines

The Australian government has announced its intention to amend the Patents Act by the end of 2011 to empower the Federal Court to grant “to manufacture and export patented pharmaceuticals to countries trying to deal with epidemics and other types of health crises.” This announcement appears to implement the DOHA declaration (in 2001) on the […]