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Friday, 3 December 1965

Mr SNEDDEN (Bruce) (AttorneyGeneral) . - I should point out to the honorable member that if a person has more than one third of the market it becomes an examinable practice. The issues to be determined by the Tribunal under the public interest criteria require it to take into account and weigh detriments on the one hand against tendencies to benefit on the other. Some of the factors included in the tendency to benefit are the rights of proprietors. The honorable member may see them in clause SO - the better utilisation of resources and a whole range of other features. There will be no obstacle to inventiveness or to research activities. The whole point of this is that the Tribunal cannot reasonably come to the conclusion that a person should not have a patent unless what he is doing with his patent is to form a patent pool. There are a couple of well known ways in which patents have been used. The European Economic Community has a provision dealing with this and with monopolies, as has the United Kingdom. Indeed, there is no country that I know of which does not have such a provision. No-one would suggest that inventiveness in the United Kingdom, the United States of America, European countries, Japan or Italy has in any way been slowed down.

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