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- Title
Australia experiments with 'experimental use' exemption.
- Authors
McBratney, Amanda; Nielsen, Katherine; McMillan, Fiona
- Abstract
The article reports on the controversy surrounding the Australian researchers legal position regarding the,"experimental use," defense against patent infringement. The controversy is whether a patentee can exclude others from experimenting on a patented invention. Currently, both the Australian Law Reform Commission (ALRC) and Advisory Council on Intellectual Property (ACIP) are conducting separate inquiries on whether Australia should introduce an exemption. Given the level of current interest in the possibility of including an express experimental use exemption into Australian patent legislation, it seems that Australian law may finally catch up to researchers' concerns.
- Subjects
AUSTRALIA; PATENT infringement; PATENT law; AUSTRALIAN Law Reform Commission; PRIVILEGES &; immunities (Law); ACTIONS &; defenses (Law)
- Publication
Nature Biotechnology, 2004, Vol 22, Issue 8, p1023
- ISSN
1087-0156
- Publication type
Article
- DOI
10.1038/nbt0804-1023