The Australian Competition Authority publishes draft guidelines on the application of competition laws to IP rights following the removal of the exception with particular significance for the pharmaceutical and life sciences sectors

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Introduction Conditions attached to the licensing or assignment of intellectual property (IP) have benefited from an exception to certain provisions of the Competition and Consumer Act 2010 (Cth) (CCA) under section 51(3) (IP Exception). The IP Exception previously excused conduct even if it was anti-competitive conduct, in purpose or effect, or cartel conduct, provided it was not a misuse of market power or resale price maintenance by reason of IP licensing or assignment. From 12 September 2019, any arrangements that have relied on the long-standing exception will now be subject to all prohibitions, including cartel conduct, and under scrutiny as to the purpose or the effect of the restrictions attached to the granting of IP rights. The repeal of the IP Exception is particularly

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  • Norton Rose Fulbright (Sydney)
  • Norton Rose Fulbright (Sydney)

Quotation

Helen Macpherson, Belinda Harvey, The Australian Competition Authority publishes draft guidelines on the application of competition laws to IP rights following the removal of the exception with particular significance for the pharmaceutical and life sciences sectors, 21 June 2019, e-Competitions June 2019, Art. N° 96879

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