Licensees beware – are you exclusive?

The Full Federal Court confirmed last week in BMS v Apotex that where a patent licence reserves some rights to be exercised by the licensor, the licensee will not have standing to sue and claim damages as an “exclusive licensee”. Importantly, in infringement proceedings, a patentee can only claim damages for damage suffered by itself read more…

Productivity Commission advocates change to compulsory licensing of patents

Last year, the Australian Government asked the Productivity Commission to review the operation of the compulsory licensing provisions of the Patents Act.  In particular, it asked the Commission to: assess whether the current compulsory licensing provisions (in Chapter 6 of the Patents Act) can be invoked efficiently and effectively; recommend any measures to efficiently and read more…