Policy ID: 
In Parliament
Issue summary: 
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


High priority, due to public interest in ensuring Crown use provisions are clear and accessible.

IP Australia consulted on draft legislation from 23 July to 31 August 2018.

This item is included in the Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Bill 2019 which was introduced to the Australian Parliament on 25 July 2019.

Compulsory Licensing
Productivity Commission