Frontier Economics

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Not patently obvious

Holders of patents and the Australian Trade Practices Act

Many holders of patents (and some intellectual property lawyers) do not realise that the exercise of patent rights is constrained by the provisions of the Australian Trade Practices Act 1974. In particular, the monopolisation section of the Act (section 46) may well be infringed if the holder of a patent refuses to grant a licence to a party that requests one. In this bulletin, Frontier (Australia) looks at how economic analysis can play a vital role in a court’s decision in such cases.

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