Compulsory licensing: Clarify the scope of 'reasonable requirements of the public' test in Patents Act

At a glance

Policy ID: 2

Status: Completed

Priority: High

Patents Productivity commission Compulsory licensing

Issue summary

The Productivity Commission in its 2013 report on compulsory licensing recommended that a public interest test should replace existing criteria based on the 'reasonable requirements of the public' in the Patents Act. This would aim to provide an access regime when greater use of a patented invention would deliver a substantial net benefit to the community.

History

  • Consultation 30-Aug-2017 to 17-Nov-2017
  • Policy development 20-Nov-2017
  • Legislative drafting 26-Mar-2018
  • Consultation 23-Jul-2018 to 31-Aug-2018
  • Legislative drafting 1-Sep-2018
  • In Parliament 25-Jul-2019
  • Royal Assent 26-Feb-2020
  • Completed 26-Feb-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.

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