In an international context, the landscape for licensing of Australian patents is relatively straightforward, but there are some issues peculiar to Australia that should not be overlooked when considering licensing arrangements.
Besides normal assessment of licence terms and conditions, the licensee needs to undertake its due diligence with respect to entitlement and ownership, to check on whether it will have entitlement to enforce rights and whether the agreement contains anti-competitive provisions.
Although the Australian patent licensing regime is relatively straightforward, it contains local nuances, and specialist local advice should be sought before finalising an agreement. Our patent and trademark attorney at Dennemeyer & Associates in Australia - John Walker - explains.
The full article is available on the website of the World Intellectual Property Review magazine.