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.

[1] See Ch 13.

[2] See Ch 22.

[3] See Ch 26, 27.