Since at least 1965, Australia’s competition laws have provided a limited exemption in relation to the licensing and assignment of intellectual property. That exemption, in section 51(3) of the Competition and Consumer Act 2010 (Cth), will cease on 12 September 2019.
In order to avoid falling foul of Australia’s competition laws, extra care will now need to be taken when contemplating the licensing or assignment of intellectual property. The change will also impact on existing agreements which remain on foot after 12 September 2019.
What are the risks in this brave new world, and what should IP owners be doing to address them?
Drawing on some practical examples, Richard Hoad will analyse some of the key risk areas – and also discuss the draft guidelines which have been issued by the ACCC.
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