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ID: 090973

Australian experimental use exemption: a current overviewu / Monotti, Ann L

Monotti, Ann L	Journal Article
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Publication

2009.

Summary/Abstract

Australian patent law contains no express exemption from infringement for any experimental use of patented inventions. A variety of international and local events became catalysts for two extensive reviews in Australia of the existence of and need for some form of exemption from infringement for experimental and research use of patented inventions. One was conducted as part of a larger investigation by the Australian Law Reform Commission (ALRC): Genes and Ingenuity: Gene Patenting and Human Health. The second was a specific investigation into patents and experimental use by the Advisory Council on Intellectual Property (ACIP). Its final report Patents and Experimental Use was published in 2005. Both reports recommended that the Commonwealth government should amend the Patents Act 1990 to establish an exemption (ALRC) or exception (ACIP) from patent infringement for certain acts involving experimental use of patents. However, while the former Howard liberal government chose to accept the ACIP recommendation in 2007, the new Rudd labour government has not introduced any amendment to date. This article provides a brief overview of the recommendations of those reviews and evaluates the current position in Australia in both the light of the reviews and of subsequent international developments

Key Words

Australia ; Patents ; Infringement

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ID: 105138

Role of freedom to operate in business with proprietary product / Sandal, Nidhi; Kumar, Avinash

Sandal, Nidhi	Journal Article
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Publication

2011.

Summary/Abstract

A comprehensive Freedom to Operate (FTO) analysis requires analysing all forms of valid intellectual property (IP) rights and associated agreements and contracts to ensure that development or launch of any particular product/process in a particular market, in a particular country does not infringe any IP right of third party. FTO opinion is usually a legal advice; however, R&D organizations engaged in frequent patenting may also need to develop their in-house capability for FTO analysis. This paper illustrates methodology for FTO analysis, limited to patent rights.

Key Words

Infringement ; Freedom to Pperate ; Doctrine of Equivalents ; FTO

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ID: 089874

Striking a balance between liability of internet service provid: a need of the hour / Mishra, Priyambada

Mishra, Priyambada	Journal Article
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Publication

2009.

Key Words

Copyright ; Internet Service Providers ; Infringement ; Copyright Act ; Information Technology Act ; Digital Millennium Copyright ;
Safe Harbour Protection

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