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 Plant Breeder's Rights legislation would allow exclusive licensees of Plant Breeder's Rights to bring proceedings for infringement of those rights.
Consultation 23-Oct-2017 to 4-Dec-2017
Policy development 5-Dec-2017
In Parliament 28-Mar-2018
This item is included in the Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Bill 2018 and introduced to the Australian Parliament on 28 March 2018.
The Bill passed the House of Representatives on 27 June 2018. It is expected to be debated in the Senate in the Spring sitting of 2018.