The Productivity Commission has released a discussion paper on its current inquiry into the compulsory licensing provisions of the Patents Act 1990.

 

The Commission has been asked by the government to:

 

  • assess whether the current compulsory licensing provisions can be invoked efficiently and effectively;
  • advise on the frequency, and impact, of compulsory licences in comparable markets and the common features of such licences;
  • recommend any measures that may be required to efficiently and effectively exercise Australia’s compulsory licensing provisions;
  • recommend any alternative mechanisms deemed necessary to ensure that the balance between incentives to innovate and to access technology best reflects the objectives of reasonable access to health care, maximising economic growth and growing the Australian manufacturing industry; and
  • recommend measures to raise awareness of the compulsory licensing provisions.

 

The Commissioners conducting the inquiry are Alison McClelland (Presiding) and Dr Warren Mundy.


The Commission will consult with relevant stakeholders and welcomes submissions from them. It is due to submit its final report to government by 29 March 2013, following the release of a draft report early in December.  The discussion paper is available here.