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ARTICLE · 25 MARCH 2019

Intellectual property (IP) exemption from competition laws repeal looms

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Businesses that assign or license intellectual property rights will soon have to comply with further competition laws.

AustraliaIntellectual Property
Dan Pearce
Dan Pearce
Louise Almeida
Louise Almeida
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Businesses that assign or license intellectual property (IP) rights will soon have to comply with further competition laws under the Competition and Consumer Act 2010 (Act).

Previously, section 51(3) of the Act operated to exempt commercial transactions involving certain IP rights (like patents, copyright, registered design and circuit layout rights) from particular restrictive trade practices provisions under Part IV, including exclusive dealing and cartel conduct.

On 12 March 2019, a Bill to revoke those exemptions received Royal Assent. The Treasury Laws Amendment (2018 Measures No. 5) Act 2019 will repeal section 51(3) of the Act, and the equivalent provisions under State Competition Codes.

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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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