The problem child in Australian patent law : "fair" basing

McBratney, Amanda (2001) The problem child in Australian patent law : "fair" basing. Australian Intellectual Property Journal, 12, pp. 211-256.

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The concept of "fair basing" is widely acknowledged as a difficult area of patent law. This article maps the development of fair basing law to demonstrate how some of the difficulties have arisen. Part I of the article traces the development of the branches of patent law that were swept under the nomenclature of "fair basing" by British legislation in 1949. It looks at the early courts' approach to patent construction, examines the early origin of fair basing and what it was intended to achiever. Part II of the article considers the modern interpretation of fair basing, which provides a striking contrast to its historical context. Without any consistent judicial approach to construction the doctrine has developed inappropriately, giving rise to both over-strict and over-generous approaches.

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ID Code: 33093
Item Type: Journal Article
Refereed: Yes
Keywords: Patent Law, Australia
ISSN: 1038-1635
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Intellectual Property Law (180115)
Divisions: Current > QUT Faculties and Divisions > QUT Business School
Current > Schools > School of Accountancy
Deposited On: 11 Jul 2010 22:30
Last Modified: 05 Jan 2011 14:00

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