Consideration of Crown Use

Review commenced: 03/11/2003
Duration of review: 2003-2005

Following concerns raised about the misuse of Crown use provisions, the Australian Government asked ACIP to review whether these provisions in patents and designs legislation continue to reflect their intended purpose - particularly in light of the widespread corporatisation of government organisations.

ACIP released a Discussion Paper in December 2003 and forums were held during 2004. The Australian Government released ACIP's Final Report on 7 December 2005.

The Australian Government did not issue a response to ACIP's report as there was no substantial evidence that the Crown use provisions were being misused. Rather, letters were sent to Commonwealth Ministers, and to State and Territory innovation and local government Ministers, outlining their government's obligations when exercising their rights to Crown use of patents and designs.

Related Documents

Issues Paper - Considerations of Crown Use provisions for patents and designs

Last updated: 
21 April 2016