Compulsory Licensing of Patents
Draft report
This draft report was released on 14 December 2012 to assist participants in preparing a submission to the public inquiry into Compulsory Licensing of Patents.
You were invited to examine this draft and provide written comment before 8 February 2013.
This inquiry has concluded. The final report was sent to Government on 28 March 2013.
The release of the final report by the Government is the next step in the process. Under the Productivity Commission Act 1998, the Government is required to table the report in each House of the Parliament within 25 sitting days of receipt.
When the Government releases the report, a copy will be sent to all registered participants including those who made submissions, appeared at the public hearings, or were visited by the Commission. At that time, the report will also be available for download from the inquiry website.
See also
Download the draft report
- Compulsory Licensing of Patents - Draft report (PDF - 2223 Kb)
- Compulsory Licensing of Patents - Draft report by chapters (Zip/Word - 1479 Kb)
Download the report by chapters
- Preliminaries (PDF - 335 Kb)
- Cover, Copyright, Opportunity for further comment, Terms of Reference, Contents, Abbreviations and explanations, Glossary
- Overview - including key points (PDF - 299 Kb)
- Draft recommendations, findings and information requests (PDF - 219 Kb)
- Chapter 1 Introduction (PDF - 225 Kb)
- 1.1 Focus of the inquiry
- 1.2 Report structure and the Commission's approach
- 1.3 Consultation process for the inquiry
- Chapter 2 Rationale for patents and associated safeguards (PDF - 234 Kb)
- 2.1 Why have a patents system?
- 2.2 Options to foster innovation
- 2.3 Patent design
- 2.4 Compulsory licensing and other safeguards
- Chapter 3 Key features of patents systems in Australia and comparable markets (PDF - 244 Kb)
- 3.1 Key features of patents systems
- 3.2 Non-voluntary access to patents
- Chapter 4 Current utilisation of patents in Australia and comparable markets (PDF - 440 Kb)
- 4.1 Patenting of inventions
- 4.2 Exploitation of patents by the innovator
- 4.3 Patent sale
- 4.4 Licensing of patents
- 4.5 Patent thickets, pools and clearinghouses
- Chapter 5 Specific concerns about patent access (PDF - 279 Kb)
- 5.1 Gene patents and healthcare
- 5.2 Standard essential patents
- 5.3 Access concerns for developing nations
- Chapter 6 Compulsory licensing provisions (PDF - 509 Kb)
- 6.1 Efficiency of the compulsory licensing process
- 6.2 Competition provisions
- 6.3 Reasonable requirements of the public
- 6.4 Interaction with international agreements
- 6.5 Dependent patent ground — is it still needed?
- Chapter 7 Crown use and acquisition (PDF - 307 Kb)
- 7.1 Current arrangements
- 7.2 Assessment of the Crown use provisions
- 7.3 Reforming the Crown use provisions
- Chapter 8 Other forms of non-voluntary access in Australia (PDF - 237 Kb)
- 8.1 Experimental exemption
- 8.2 Regulatory approval exemption
- 8.3 Compulsory licences for pharmaceutical exports
- Chapter 9 Other alternative mechanisms (PDF - 429 Kb)
- 9.1 Exclusions and exemptions for healthcare
- 9.2 Legislating a right to personal genetic information
- 9.3 Public-health specific compulsory licensing arrangements
- 9.4 Use of government purchasing power in health
- 9.5 Non-voluntary licensing by a collecting society
- 9.6 Licences of right
- 9.7 Other measures to encourage voluntary licensing
- Chapter 10 Awareness-raising measures (PDF - 191 Kb)
- 10.1 The case for awareness-raising measures
- 10.2 Existing awareness-raising measures
- 10.3 Potential new awareness-raising measures
- Appendix A Conduct of the inquiry (PDF - 146 Kb)
- Appendix B More detail on the patents system in Australia and comparable markets (PDF - 374 Kb)
- Appendix C Non-voluntary access arrangements in comparable markets (PDF - 301 Kb)
- Appendix D International agreements (PDF - 129 Kb)
- References (PDF - 251 Kb)