Policy ID: 
Legislative drafting
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


High priority, due to public interest in ensuring Crown use 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.

Compulsory Licensing
Productivity Commission