The Productivity Commission (PC) in its 2013 report on compulsory licensing recommended that the Patents Act be amended to clarify the circumstances and conditions by which Crown use can be invoked, in particular that it is available for services that the government has the primary responsibility for providing or funding. The PC also considered that there was insufficient transparency and accountability in Crown use of patents. The PC recommended that additional safeguards be put in place around Crown use, including greater negotiation, Ministerial oversight and improved remuneration for patent holders. Similar amendments would be considered for the Designs Act, which has the same provisions for Crown use as the Patents Act.
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
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.