Policy ID: 
2
Status: 
Legislative drafting
Priority: 
High
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

Comments: 

High priority, due to public interest in ensuring compulsory licensing provisions are clear and accessible.

IP Australia response to public consultation has been published. IP Australia proposes to include the legislative amendments in a Bill intended for introduction to the Parliament in late 2018.

Tag: 
Compulsory Licensing
Productivity Commission
Patents