Introduction

23.1 This Report makes a range of recommendations intended to facilitate access to patented genetic inventions for use in research and healthcare provision. These include: the enactment of a new experimental use exemption;^[1] industry-based initiatives to facilitate licensing;^[2] clarifying the terms of the Crown use and compulsory licensing provisions of the Patents Act 1990 (Cth)(Patents Act); and encouraging their use.^[3]

23.2 This chapter discusses another option that could facilitate access to patented genetic inventions. This involves the creation of a statutory licensing scheme for certain patented inventions under the Patents Act. The primary difference between industry-based licensing and statutory licensing is that a statutory scheme operates pursuant to statutory requirements and conditions.