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Tuesday, 11 August 2009
Page: 1


Senator Cormann asked the Minister representing the Minister for Health and Ageing, upon notice, on 20 May 2009:

With reference to any genetic test or biopharmaceutical, has the department ever considered invoking Crown use under section 163 of the Patents Act 1990; if not, why not; if so: (a) what was the test or biopharmaceutical and the respective patent or patents applying thereto; and (b) what were the terms of the Crown use in each instance.


Senator Ludwig (Special Minister of State and Cabinet Secretary) —The Minister for Health and Ageing has provided the following answer to the honourable senator’s question:

The Department has not sought agreement from the Minister to exploit an invention by the crown under section 163 of the Patents Act 1990. This action has not been necessary to achieve affordable access to healthcare.