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

Justice Michael O’Bryan

LESANZ Breakfast meeting

Introduction

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. …