Review extraterritorial exploitation and infringement

Issue summary

Under the traditional view registrable IP rights are territorial rights. Infringement is determined with respect to relevant exploiting action taking place in the territory of Australia. As a result of a recent court decision, a suggestion has been received that the definition of exploit should in some cases extend extraterritorially.

Further analysis and policy work would be required should evidence of a problem justify action.

History

• On hold 4 September 2017
• Closed August 2020

Comments

Issue to be considered in future. Other matters of higher priority will be considered first. 

This issue was closed because it is inconsistent with the territorial nature of IP rights.  Enforcement in another country of a patent protected in Australia but not in the country concerned would create uncertainty around freedom to act and disrupt the transparency of an effective patent system.