Lois et règlements au titre de l'article 63:2 de l'Accord sur les ADPIC ‒ Afficher les détails du document

Australia
Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Act 2020
The law implements recommendations from an earlier Productivity Commission (PC) inquiry into Crown use and compulsory licences. It also implements the PC review recommendations to phase out the innovation patent system and introduces an objects clause into the Patents Act 1990. Crown use provisions were amended to improve and clarify their operation. Compulsory licensing provisions were amended to replace the ‘reasonable requirements of the public’ test with a ‘public interest’ test when the Federal Court considers an application for a compulsory licence. The law also amends provisions on crown use of designs in the Designs Act and makes minor amendments to the Trademarks Act.
The Act received Royal Assent on 26 February 2020. The Crown use and compulsory licence changes, and the objects clause, commenced on 27 February 2020. The innovation patent changes will commence on 26 August 2021.
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