The repeal of s 51(3) of the Competition and Consumer Act 2010 (Cth)

Michael O’Bryan

Brief

LESANZ Breakfast Meeting, 10 April 2019

Michael O’Bryan, ‘The repeal of s 51(3) of the Competition and Consumer Act 2010 (Cth)’ (2019) 46(9) Brief (Law Society of Western Australia) 20-23

Abstract: In 1987, I delivered a paper at the Law Council's Trade Practices Workshop in Melbourne titled "Interaction between intellectual property and sub-section 51(3) of the Trade Practices Act". At the conclusion of that paper, I somewhat precociously proposed the repeal of sub-section 51(3) and the expansion of the exception in sub-section 51(1) to intellectual property statutes. Almost 30 years later, I returned to that topic as a member of the Competition Policy Review, chaired by Prof Ian Harper. LESANZ Breakfast Meeting, 10 April 2019