Australian patent enforcement : a proposal for an expert panel opinion

Eliades, Dimitrios (2013) Australian patent enforcement : a proposal for an expert panel opinion. Les Nouvelles. Vol. 48 No. 3, September 2013, pp. 182-186., SNIPER No.: 2013/02245. Licensing Executives Society International.

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Abstract

The Australian Government has been concerned “to find ways of making patent enforcement less of an issue” and to make it “cheaper, simpler and quicker to get fair and appropriate resolution for any dispute”. Major problems relating to patent enforcement in Australia have been identified as: the cost of legal proceedings; the lack of patent owners’ financial capacity to fund enforcement proceedings; delay; and uncertainty as to the outcome and lack of knowledge about the processes of enforcement.

This paper considers some of the problems associated with patent enforcement in Australia and proposes an approach to patent litigation which is directed at alleviating some of the difficulties which have been identified. Specifically, it proposes a strategy designed to identify the parties’ risks at an early stage of patent litigation proceeding and facilitate an early resolution of the dispute.

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ID Code: 75861
Item Type: Report
Refereed: No
Keywords: intellectual property Australia, Advisory Council on Intellectual Property, Patent enforcement Australia, Dispute resolution Australia, Intellectual property systems Australia
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 > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2013 Licensing Executives Society International
Deposited On: 01 Sep 2014 22:35
Last Modified: 05 Sep 2014 17:27

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