COVID-19: when do private patent rights give way to the public interest? | Practical Law

COVID-19: when do private patent rights give way to the public interest? | Practical Law

This legal update considers the potential invocation of the 'Crown use' provisions and 'compulsory licensing regime' provisions in the Patent Act 1990 (Cth) in response to the COVID-19 pandemic. This update discusses how these provisions can enable urgent access to patented technologies by governments and third parties, and, in cases where it is necessary for the public interest, enable access without the patent owner's consent.

COVID-19: when do private patent rights give way to the public interest?

Practical Law ANZ Legal Update w-024-8673 (Approx. 5 pages)

COVID-19: when do private patent rights give way to the public interest?

by Kate Hay, Head of Intellectual Property, David Fixler, Partner, James Cameron, Special Counsel, Hilary MacDonald, Lawyer, Corrs Chambers Westgarth
Published on 09 Apr 2020 • Australia, Federal
This legal update considers the potential invocation of the 'Crown use' provisions and 'compulsory licensing regime' provisions in the Patent Act 1990 (Cth) in response to the COVID-19 pandemic. This update discusses how these provisions can enable urgent access to patented technologies by governments and third parties, and, in cases where it is necessary for the public interest, enable access without the patent owner's consent.