AusBiotech submits to Productivity Commission on compulsory licensing

AusBiotech has provided a submission in response to the Productivity Commission’s discussion paper on its review into compulsory licensing in the patents system. The Commission was examining whether and how to ensure access to patented technology, while maintaining the patent incentive to create and protect new technologies.

AusBiotech’s comments, based on feedback from its membership, and in support of the joint submission made by the Institute of Patent and Trade Mark Attorneys (IPTA) and the Australian Federation of Intellectual Property Attorneys (FICPI Australia).

AusBiotech supports the ongoing technology neutral treatment of intellectual property in Australia and appreciates the Commission’s attention to striking a balance between immediate access to technologies and the innovation system that enables them to be accessible to the community in the short, medium and long term.

The current system of safeguards appears to be working well and the “Raising the Bar” legislation is expected to provide certainty that was previously lacking. AusBiotech also noted that compulsory acquisition still requires that a company be compensated for its development of intellectual property and is not the answer to a debate in which the proponents talk about access but in reality potentially seek to free-ride another’s research and development investment.

The submission makes comments on:

• The importance of technology neutral IP laws;
• Striking the balance incentives for industry and researchers to invest in research, development and innovation and on the other hand affordable and equitable access to technologies, including healthcare;
• The importance of certainty for long term planning;
• Existing provisions work and the ‘Raising the Bar’ Bill has provided the certainty for researchers, which was sought;
• Compulsory licensing in healthcare.

The full submission can be found at the AusBiotech website.