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Law Council of Australia

Business Law Section

Patents Act 1990 (Cth) – section 144

The submission to IP Australia regarding section 144 of the Patents Act 1990 (Cth) (the Patents Act) was prepared by the Intellectual Property Committee of the Business Law Section of the Law Council of Australia. 

The committee proposes that section 144 of the Patents Act should be repealed for the reasons set out below.

Section 144 prohibits a condition in a contract relating to the sale or lease of, or a licence to exploit, a patented invention where the effect of the condition would be to prohibit or restrict the buyer, lessee or licensee from using a product or process supplied by or owned by a third party or to require the lessee or licensee to acquire a product falling outside the scope of the patent from the seller, lessor or licensor.

You can read the full submission below.


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