the intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Act 2020 (Cth), Schedule 4, changes the test applied by the courts when determining whether a...

THE INTELLECTUAL PROPERTY LAW AMENDMENT ACT 2020
Table of Contents
Introduction    3
Considering Schedule 4    3
Critical Analysis of the Amendments Made to Schedule 4    3
Conclusion    7
References    9
Introduction
The Intellectual Property Law Amendment was registered on the Federal Register of Legislation on 3 April 2020. This regulation amended the Patents Regulation 1991 also known as the Patents Regulations. This amendment, amends the Design Act 2003, Patents Act 1990 and Trade Marks Act 1995. The amendment is associated with the process of phasing out the innovation patent system. According to this amendment, IP Australia shall no longer give permission for filing of new innovation patent applications. The phase out of the innovation patent is a step forward taken by the Australian Government to ensure that the IP system assists in meeting the need of Australia small and medium size enterprises. Here, an effort has been made to highlight the changes made to the intellectual property act particularly in schedule 4 and the impact this change had on compulsory license. Here, I shall share my personal opinion on the changes made to the act.
Considering Schedule 4
The act is divided primarily into four categories, which correspond to eight schedules. Schedule 4 corresponds to compulsory licensing of patents. This schedule implements the recommendations that have been made in the 2013 PC Report regarding compulsory licensing. This act changes the tests that have been applied by the court to determine whether a compulsory license should be granted or not. The recent amendment to this schedule has eliminated the ‘reasonable requirement of the public’ test and has replaced it by ‘public interest test’. The amendments have been made with an intention to improve the balance between rights of the people, who own the patent and the interests of the broader public.
Critical Analysis of the Amendments Made to Schedule 4
Considering the amendments that have been made to schedule 4, the court can order a compulsory license only if certain conditions are met. This considers the fact that demands for inventions in Australia are not being met reasonably. In order to exploit the invention to its best, authorisation to exploit the invention has to be granted. In my opinion, I agree that it is in public interest to grant the license. The amendment made to the tests in this particular schedule highlights that if a patent owner, who already is a patentee of another invention and seeking a compulsory license for another invention must satisfy the court with considerable and sufficient evidences that the invention the patentee is seeking the license for has been based on important technical innovations and the new invention must have an economic significance as well. [footnoteRef:2]As far as I could make out from the amendment being made, that only the patentee of a dependent patent can seek a compulsory licence over the use of the original patent. This will help to utilise the patent to its best and will fulfil the needs of the Australians. [2: Australian Government (2020) Federal Register of Legislation Retrieved From https://www.legislation.gov.au/Details/C2020A00009
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From my view point, the introduction of the object clause into the act shall help to promote economic well being of the country while focusing on technological advancements and innovation. Furthermore, the changes being made to the crown use of patents and design can turn out to be beneficial in the long run. This will also help to protect the rights of the patent owner as the government will have to negotiate with the patent owners before any sort of exploitation. The amendments made to the act also make it very clear that in case of emergency or in case of lack of successful negotiation, the intervention of the ministers is essential. I believe that the intention of compulsory license is to ensure that the patents that have been granted in Australia are being used in the country itself. These patents have been granted by the Australian Government with an intention to fulfil the needs of the technology needs of the...