Correspondence: Wayne Condon, Griffith Hack Melbourne Office Level 3, 509 St Kilda Road Melbourne, Victoria 3004, Australia. Tel: +61 3 9243 8388; Fax: +61 3 9243 8333; E-mail: wayne.condon@griffithhack.com.au; Web: www.griffithhack.com.au

¹is a partner at Australian law and patent attorney firm Griffith Hack. He specialises in advising generic pharmaceutical companies on patent, regulatory and competition issues. Griffith Hack provides a full range of IP services for biotech and pharmaceutical companies from patent drafting and prosecution to licensing and patent litigation.

Received 13 November 2007; Revised 13 November 2007; Published online 11 December 2007.

Abstract

This paper provides an overview of the competition law (antitrust) issues surrounding the licensing of patented technology in Australia, including licences granted to settle patent litigation. Compliance within Australian competition law in the context of IP licensing is likely to assume greater importance in light of the projected tightening of safe harbour provisions.