Crown Use - lack of clarity around 'services'

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.