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ERIC Number: ED539400
Record Type: Non-Journal
Publication Date: 2010
Pages: 12
Abstractor: ERIC
Reference Count: N/A
Maintaining an Effective Research Environment in Australia. Submission to IP Australia Patents Law Reform Process
Group of Eight (NJ1)
It is widely stated that a purpose of patent law is to encourage inventors to innovate and to disclose their inventions for the benefit of society. In return for this disclosure they receive a limited exploitation monopoly defined essentially by commercial pursuits. A necessary implication of the requirement of disclosure is that knowledge embodied in an invention is available to society to drive the process of innovation, even during the life of the patent. Notwithstanding the lack of Australian judicial consideration of the issue, research organisations typically hold that research use of patented subject matter is not within the monopoly granted by the Patents Act. This current status quo is relied on by the research community, to ensure an unrestricted environment for research and to facilitate innovation. If research is not to be adversely affected, any clarification of the law must deliver an outcome which does not diminish this current freedom. The comments in this paper respond to the second round of consultations invited by IP Australia. They also follow from discussions with IP Australia representatives at a meeting held on 3 February 2010 at the offices of the Go8. In order to assist consideration of reframing the current proposal this paper provide a number of annexures: (1) A preferred drafting model which crystallises the matters raised in this paper; (2) Examples of how the provision has been cast in other jurisdictions; (3) Examples definitions of research and experiment; and (4) Examples of successful ARC research applications. (Contains 22 footnotes.)
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Publication Type: Reports - Evaluative
Education Level: Higher Education; Postsecondary Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: Group of Eight (Australia)
Identifiers - Location: Australia