Facilitating gene patent licensing

22.28 The rest of this chapter discusses mechanisms to assist patent holders and patent users in identifying and licensing gene patents. These mechanisms include education programs, the development of model licence agreements for genetic inventions, and industry-based initiatives such as patent pools and patent clearinghouses.

22.29 Other chapters of this Report also recommend reforms to facilitate the licensing of Australian gene patents. Chapter 9 recommends that IP Australia develop a comprehensive on-line patents database, which will assist patent holders and users of patent rights in conducting preliminary prior art searches.[50] Chapter 27 recommends reforms to the compulsory licensing provisions in the Patents Act to facilitate access to patented genetic inventions under a compulsory licence in appropriate circumstances.[51]

[50] Rec 9–1.

[51] Rec 27–1.