Rethinking the Exemption of Some Patent License and Assignment Conditions from the Trade Practices Act 1974 (Cth) Competition Laws
This article examines the evolution and application of the existing competition laws in the Trade Practices Act 1974 (Cth) in dealing with licensing and assigning Patents Act 1990 (Cth) patents. After considering the interpretation and various reviews of the Trade Practices Act 1974 (Cth) provisions, the article concludes that the reviews and the Australian Government's responses have left unanswered vital issues about the role of competition law in exploiting patents. Further, the important justification for why patents require special treatment in applying the Trade Practices Act 1974 (Cth) competition laws still remains unclear.
Macquarie journal of business law
Law not elsewhere classified