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Tuesday, April 7, 2015

IP issues in the final Harper Report

By David Stewart, Associate

The final version of the Harper Report was released last week.

The Report is the product of a significant review of Australia's competition laws and policy, and makes many recommendations that could have significant ramifications for competition law in Australia.

The Report also makes three key recommendations in relation to intellectual property laws. These are:

  • as a priority, the Productivity Commission undertake an overarching 12-month review of IP laws;
  • section 51(3) of the CCA, which exempts conditions in IP assignments and licences from certain provisions of competition law, be repealed immediately; and
  • parallel import restrictions in Australia be immediately reformed.
An in-depth analysis of the Report, including more information about the key competition and IP recommendations, is available at the Allens website.

Please feel free to contact a member of the Allens team to discuss the Harper Report in more detail.

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