Mainly intellectual property (IP) issues Down Under

Innovation patent consultation on the consultation

IP Australia issues consultation paper on ACIP’s report into the innovation patent system

ACIP on innovation patents

ACIP’s final report into Innovation Patents has been published.

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 Competition and Consumer Act. The primary object to these recommendations is to make the avenue.. Read More

Access to affordable medicines or new review of pharmaceutical patents

The Parliamentary Secretary for Industry and Innovation, Mark Dreyfus, has appointed a panel to review the patenting of pharmaceuticals in Australia. According to the Terms of Reference, the review: will evaluate whether the system for pharmaceutical patents is effectively balancing the objectives of securing timely access to competitively priced pharmaceuticals, fostering innovation and supporting employment in research and industry. Central to this will be an analysis of the pharmaceutical extension of.. Read More

ALRC’s Copyright and Digital Economy Issues Paper

The ALRC has published an Issues Paper for its inquiry into Copyright and the Digital Economy. In an attempt to provide some structure to the anticipated submissions, the Issues Paper propounds some 55 questions over a range of topics including: should (maybe that should include “can”) Australia adopt a “fair use” exception (questions 52 – 53) – an earlier assessment by the CLRC (pdf – see p.7 for the recommendations);.. Read More

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 has tried for a reasonable period, but without success, to obtain from the patentee an.. Read More

ALRC to get new copyright reference

The Commonwealth Attorney General has announced the appointment of Prof. Jill McKeough to lead a review by the Australian Law Reform Commission into the operation of copyright in the digital environment. Prof. McKeough is Dean of the University of Technology Sydney and a well known IP luminary. According to the Press Release: “The Gillard Government is determined to get the balance right between providing incentives for creators and innovators and.. Read More

ACIP reviews innovation patents

On 28 February, the Minister directed ACIP to report on the innovation patent system. On 17 August, ACIP published an issues paper (pdf) and now seeks your comments by 14 October 2011. According to the announcement of the issue paper’s release: In recent years a variety of concerns have been raised about the innovation patent system and whether it is meeting its original objectives. A key concern is that an innovation.. Read More

Senate sends tobacco bill to Committee

The Senate has referred the Trade Marks Amendment (Tobacco Plain Packaging) Bill 2011 to the Legal and Constitutional Affairs committee. This bill would give the Government power to “fix” gaps in the Tobacco (Plain Packaging) Bill by simply making regulations. The House of Representatives Health and Ageing committee has recommended the bill be passed. The Committee is due to report by 2 September with the Committee’s report due by 19 September.

Gene patents

The Commonwealth Senate’s Community Affairs committee tabled its report into the patenting of genes towards the end of last month. After commenting on the still continuing cases (in both the USA and here), the Committee noted: The Committee will continue to monitor these important international and national legal developments, and notes that these cases may bring greater clarity to the application of the invention-discovery distinction to isolated genetic materials. As.. Read More