UNDERSTANDING PBR HOME > 3. THE REGULATORY FRAMEWORK > 3.9 EXEMPTIONS AND RESTRICTIONS > 3.9.2 EXEMPTIONS AND RESTRICTIONS >Page 3.9.2 More Info


The Patents Act 1990 in Australia does not have a research exemption and the Australian Law Reform Commission and the Advisory Council for Intellectual Property both have inquiries looking at the pros and cons of including such an exemption. The former covers the wider subject of Gene Technology and Human Health but has incorporated a component on the issue of a research exemption in the Patents Act; this Report was tabled in Parliament on 31 August 2004.

There are mixed views amongst plant breeders. Some prefer not to have the “research” exemption so that they get a higher level of protection for their own varieties, while others see it as essential to stimulate ongoing plant breeding and promote genetic diversity in agricultural plant breeding.

Go to Section 3.9.3 Innocent Infringement

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