When secret use is not so secret

Article


Georgiades, Eugenia. 2010. "When secret use is not so secret." Information and Communications Technology Law. 19 (2), pp. 165-188. https://doi.org/10.1080/13600834.2010.494054
Article Title

When secret use is not so secret

ERA Journal ID17157
Article CategoryArticle
AuthorsGeorgiades, Eugenia
Journal TitleInformation and Communications Technology Law
Journal Citation19 (2), pp. 165-188
Number of Pages24
Year2010
PublisherTaylor & Francis
Place of PublicationUnited Kingdom
ISSN1360-0834
1469-8404
Digital Object Identifier (DOI)https://doi.org/10.1080/13600834.2010.494054
Web Address (URL)https://www.tandfonline.com/doi/full/10.1080/13600834.2010.494054
Abstract

The concept of secret use has been a difficult element in establishing whether the validity of a patent may be challenged. Its difficulty is entrenched in the uncertainty of interpretation of the construction of the legislation and the meaning that the legislature imparts on it. One of the main cases in Australian patent law that has tested the issue of secret use is Azuko Pty Ltd. v. Old Digger Pty Ltd. (2001) 52 IPR 75. The significance of this decision is the differing approaches to the issue of secret use. This case demonstrates the various practical and policy implications that arise out of the differing views from the judgment. This paper will discuss the practical and policy implications raised by the differing views of the judges.

Keywordspatents; prior secret use; secret use
ANZSRC Field of Research 2020480603. Intellectual property law
480408. Law, science and technology
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Byline AffiliationsUniversity of New South Wales
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