Maintaining an effective research environment in Australia

The Go8 strongly supports the introduction of a statutory provision to make it clear that research and experimental use do not infringe the patents law in Australia. We believe achieving clarity in the law in this area is fundamental to promoting the free conduct of research by Australian research institutions.  However, we are keen to ensure the inclusion of such a provision does not reduce the freedoms which currently exist for research where it may touch on patented materials.

The position paper has been developed in conjunction with the National ICT Australia (NICTA) and the CSIRO and aims to provide a broad exemption which should withstand attempts to limit its provisions if it is tested in a judicial setting. The Society of University Lawyers (SOUL) also endorses the position outlined in the paper.

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