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Patent law and the march of technology – did the productivity commission get it right?


Nielsen, J and Nicol, D, Patent law and the march of technology - did the productivity commission get it right?, Australian Intellectual Property Journal, 28, (1) pp. 4-22. ISSN 1038-1635 (2017) [Refereed Article]

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Technology continues to march ahead at an increasingly rapid rate. As a response to the demands placed on intellectual property (IP) systems by changing technologies, there have been changes in the scope and duration of IP protection. In August 2015, the Productivity Commission (PC) was requested by the Australian Government to undertake an "inquiry into Australia’s intellectual property arrangements, including their effect on investment, competition, trade, innovation and consumer welfare". This inquiry was to take more of a holistic view of the IP system in searching for improvements. While there has been considerable coverage of the implications of the recommendations of the PC in relation to copyright law reform, there has been surprisingly little in respect of other areas of IP law. Given the dominance of patents in influencing innovation and social welfare, this is surprising. This article appraises the recommendations of the PC in the patent law area, particularly in light of the PC’s Terms of Reference. It also considers some matters the PC omitted to consider but which are nonetheless of paramount importance as innovation rapidly progresses.

Item Details

Item Type:Refereed Article
Keywords:Patent law, technology, productivity commisision
Research Division:Law and Legal Studies
Research Group:Private law and civil obligations
Research Field:Intellectual property law
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the law
Objective Field:Law reform
UTAS Author:Nielsen, J (Associate Professor Jane Nielsen)
UTAS Author:Nicol, D (Professor Dianne Nicol)
ID Code:122342
Year Published:2017
Deposited By:Law
Deposited On:2017-11-10
Last Modified:2022-08-02

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