Tie-ins in the Patents Act 1990 (Cth), s 144: Perhaps it’s time to modernise?
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The Patents Act 1990 (Cth) limits certain dealings involving tie-ins with patent protected products and processes, and the Competition and Consumer Act 2010 (Cth) (formerly named the Trade Practices Act 1974 (Cth) ) limits certain exclusionary, collusive, limiting and exclusive dealings. With the overlap between the Patents Act 1990 (Cth) and the Competition and Consumer Act 2010 (Cth) , the question is whether two schemes are necessary or whether a single scheme might be more appropriate. This article reviews the legislative history, interpretation and policy justifications for the Patents Act 1990 (Cth) limitations, concluding that two different schemes addressing the same regulatory problem are inefficient, and that the more specific Patents Act 1990 (Cth) provisions should be repealed in favour of a single generally applicable, pro-competition scheme in the Competition and Consumer Act 2010 (Cth) .
Australian Intellectual Property Journal
© 2010 Thomson Legal & Regulatory Limited. This is the author-manuscript version of this paper. Reproduced in accordance with the copyright policy of the publisher. Please refer to the journal's website for access to the definitive, published version.
Intellectual Property Law