At a glance
Policy ID: 1
Status: Completed
Priority: High
Issue summary
The Productivity Commission (PC) in its 2013 report on compulsory licensing recommended that the Patents Act be amended to clarify the circumstances and conditions by which Crown use can be invoked, in particular that it is available for services that the government has the primary responsibility for providing or funding.
The PC also considered that there was insufficient transparency and accountability in Crown use of patents. The PC recommended that additional safeguards be put in place around Crown use, including greater negotiation, Ministerial oversight and improved remuneration for patent holders. Similar amendments would be considered for the Designs Act, which has the same provisions for Crown use as the Patents Act.
History
- Consultation 30 August 2017 to 17 November 2017
- Policy development 20 November 2017
- Legislative drafting 26 March 2018
- Consultation 23 July 2018 to 31 August 2018
- Legislative drafting 1 September 2018
- In Parliament 25 July 2019
- Royal Assent 26 February 2020
- Completed 26 February 2020
Comments
This item is included in the Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Act 2020 which commences on 27 February 2020.