For use by students enrolled in LWN117, Cyberlaw and Policy (QUT).
In respect of intellectual property rights’ regulations, it is important that Australia enacts laws that are consistent with the legal position in other developed countries. If Australia is to function effectively in global markets, corporations need to feel secure that their rights will be protected. However, a balance does need to struck between increasing protection mechanisms and ensuring that any amendments do not result in a more litigious environment regarding intellectual property rights.
The Experimental Use Defence would be welcomed by all researchers. At the moment, the Australian patent law do not have an express defence to patent infringement for experimental use like that in US. The problem with not having such a defence was that researchers were unaware that their research could infringe patents. I believe that such a change would promote innovation and incentives to pursue research in Australia.
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