The ACCC has released draft guidelines on the repeal of subsection 51(3) of the Competition and Consumer Act 2010 (Cth) (CCA) for consultation.
Prior to the repeal, certain conduct involving intellectual property rights was exempt from certain parts of the competition law. From 13 September 2019, when the repeal takes effect, this conduct will be subject to all aspects of Australia’s competition law.
Given the importance of this issue to all universities and their licensing activities, it is important we provide a strong and unified response. Please provide your feedback on the draft guidelines and KCA will collect the comments and provide a response to the Federal Government.
KCA is aware of the monumental impact this repeal may have on past, current and future licensing agreements. To highlight the importance of this topic KCA has dedicated a session to this topic at our forthcoming Annual Conference this September in Sydney. KCA have invited Parnos Munyard (ACCC Director of Advocacy & Law Reform) to present at the conference on Friday 13 September (the same day that this repeal takes effect) and walk the Technology Transfer Community through the changes and their impact.
