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  • Patent Privileges and the National Competition Policy – Patent Scope and Allocation?

    Author(s)
    Lawson, Charles
    Griffith University Author(s)
    Lawson, Charles
    Year published
    2005
    Metadata
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    Abstract
    This article suggests that the modern Australian policy for strengthened patent privileges has failed to adequately address the requirement to demonstrate that the benefits of the restriction on competition outweigh the costs and that the objectives of patent privileges can only be achieved by restricting competition. These requirements are the principle articulated in the Independent Committee of Inquiry into Competition Policy in Australia (Hilmer Committee) and its subsequent codification in the Competition Principles Agreement (CPA) as part of the National Competition Policy. The article concludes that applying ...
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    This article suggests that the modern Australian policy for strengthened patent privileges has failed to adequately address the requirement to demonstrate that the benefits of the restriction on competition outweigh the costs and that the objectives of patent privileges can only be achieved by restricting competition. These requirements are the principle articulated in the Independent Committee of Inquiry into Competition Policy in Australia (Hilmer Committee) and its subsequent codification in the Competition Principles Agreement (CPA) as part of the National Competition Policy. The article concludes that applying the requirements of the CPA to patent privileges and assessing the broader debates about the appropriate patent scope and allocation is more likely to deliver a more rational patent policy that is more likely to be suited to the Australian community.
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    Journal Title
    Australian Business Law Review
    Volume
    23
    Issue
    1
    Publisher URI
    http://www.thomsonreuters.com.au/
    Subject
    Law not elsewhere classified
    Accounting, Auditing and Accountability
    Law
    Publication URI
    http://hdl.handle.net/10072/25110
    Collection
    • Journal articles

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