Australia: Landmark Changes To Australian IP Law: (Bolar, Wilful Infringement, And Compulsory License For Anti-Competitive Behaviour)

Last Updated: 24 September 2006
Article by Duncan Bucknell

Take home

The Intellectual Property Laws Amendment Bill (2006) was passed by the Upper House of the Australian Federal Parliament on 14 September 2006.

The major amendments are:

  • Exemplary damages for patent infringement based on the behaviour of the infringer (or any other related matter);
  • Broader non-infringement rights to prior secret users of an invention;
  • A Bolar-type provision – allowing ‘any patent’ springboarding;
  • Grant of a compulsory license to a patent as a remedy for anti-competitive behaviour; and
  • Wider powers for the Registrar to revoke Trade Marks after acceptance or after registration.

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