At a glance
Policy ID: 47
Priority: No priority assigned
IP legislation treats exclusive licensees of IP rights inconsistently when it comes to the ability to bring proceedings for infringement. In particular, exclusive licensees of patents, trade marks and copyrights have the right to bring proceedings for infringement under certain conditions. However, exclusive licensees of Plant Breeder's Rights (PBR) do not have the right to bring proceedings for infringement. This can cause problems for exclusive licensees of these rights when the owner of the right is unwilling or unable to enforce their rights, and can complicate licensing negotiations.
Amendment to the PBR legislation would allow exclusive licensees of PBR to bring proceedings for infringement of those rights.
This item is included in the Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 which received Royal Assent on 24 August.