Intellectual Property Law – Patents Act 1990 and balancing competing rights and interests

The April 2016 Draft Report of the Australian Productivity Commission entitled Intellectual Property Arrangements states that:

Intellectual property (IP) arrangements need to balance the interests of rights holders with users. IP arrangements should:
? encourage investment in IP that would not otherwise occur
? provide the minimum incentives necessary to encourage that investment
? resist impeding follow-on innovation, competition and access to goods and services. (p 10)

To what extent do you believe the provisions of the Patents Act 1990 (Cth) properly balance the interests of rights holders and users? Discuss with close reference to both the Patents Act and relevant case law.

References must include the attached Report, academic journals, Australian case law and must be completed in accordance with the AGLC3.