The Australian Government has asked the Productivity Commission to undertake an inquiry into the compulsory licensing provisions in the Patents Act 1990.

 

The purpose of the inquiry is to assess, advise and recommend on the impacts and mechanisms of compulsory licensing invoked by the Patent Act's public interest and anti-competitive safeguard.

 

The Terms of Reference require the Commission to:

  • assess whether the current Australian provisions can be invoked efficiently and effectively
  • recommend any measures to efficiently and effectively exercise these safeguard provisions, in a manner consistent with Australia's international obligations
  • recommend any alternative mechanisms, to ensure that the balance between incentives to innovate and access to technology best reflects the objectives of reasonable access to health care solutions, maximising economic growth and growing the Australian manufacturing industry.
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In undertaking the inquiry, the Commission is to have regard to recent changes to the intellectual property system reflected in the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (Cwlth), and the range of international approaches.

 

The Commission will consult widely with all relevant stakeholders and welcomes submissions from them. More information is here.