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ARTICLE · 05 SEPTEMBER 2019

IP contracts must clear new competition hurdles

Holding Redlich
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To assist parties to these IP arrangements, the ACCC has released draft guidelines to clarify the new competition law.

AustraliaAntitrust/Competition Law
Dan Pearce
Dan Pearce
Louise Almeida
Louise Almeida
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From next month, businesses that assign or license intellectual property (IP) rights must comply with further competition laws under the Competition and Consumer Act 2010 (Act).

Previously, sub-section 51(3) of the Act exempted commercial transactions involving certain IP rights from particular restrictive trade practices provisions, including exclusive dealing and cartel conduct. From 13 September 2019 these exemptions will no longer apply.

Businesses must ensure that all pre-existing and new IP arrangements, understandings, licences, and contracts satisfy Part IV of the Act. The changes will particularly affect businesses that rely on IP rights like those in media, entertainment, telecommunications, medical technology, information technology and fintech industries.

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This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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