Experimental use exemption: a necessary expansion in Australian patent law

Bradshaw, Rachel (2010) Experimental use exemption: a necessary expansion in Australian patent law. Australian Intellectual Property Journal, 21 (3). pp. 134-147.

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Abstract

Patent law in Australia has evolved in a manner that has secured strong protection of patent holder rights but has decreased effective access and disclosure to researchers. In an era of rapid technological advancements it is increasingly important to ensure an appropriate balance between the rights of patent holders and the interests of the broader community. The lack of clear and defined rights for researchers has not promoted scientific research and advancement. It is argued that the introduction of an experimental use exemption to the current Australian patent law would provide a more productive environment for innovative activities and promote the public interest. Such a reform would create the ideal balance between the competing interests as it would provide commercially effective patent holder rights while maximising the opportunities to advance society.

Item ID: 15956
Item Type: Article (Refereed Research - C1)
Keywords: intellectual property; patent law
ISSN: 1038-1635
Date Deposited: 07 Apr 2011 21:23
FoR Codes: 18 LAW AND LEGAL STUDIES > 1801 Law > 180115 Intellectual Property Law @ 100%
SEO Codes: 94 LAW, POLITICS AND COMMUNITY SERVICES > 9404 Justice and the Law > 940405 Law Reform @ 100%
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