FOR IP PROFESSIONALS

Information Publication Scheme (IPS)

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Part II of the Freedom of Information Act 1982 (FOI Act) establishes the Information Publication Scheme (IPS) for Australian government agencies. This scheme, which took effect on 1 May 2011, requires agencies to publish a broad range of information on their websites or to make that information available online where possible.

We set out below the information we will publish under the IPS from the 1 May 2011.

The agency plan 

Our IPS Agency Plan has been prepared in accordance with Part II of the FOI Act. We invite comments on the plan which can be submitted online, by using our general enquiries form.

IP Australia Information Publication Scheme Agency Plan PDF [334 KB]

IPS Categories

Who we are

Agency organisation structure

We consist of seven business groups that report to the Director General. Three business groups substantially make up the IP Rights Division and the remaining three provide support services to all business groups and the organisation.

  • People & Communication Group
  • Policy & Governance Group
  • Finance, Reporting and Property Group
  • Business & Information Management Solutions Group
  • Customer Operations Group
  • Patent and Plant Breeder's Rights Group
  • Trade Marks & Designs Group

IP Australia's Organisation Chart PDF [90 KB]

Statutory appointments

Agencies are required to publish details of appointments of designated officers of the agency that are made under Acts, other than the appointment of APS employees within the meaning of the Public Service Act 1999. In IP Australia this requirement applies to the following:

IP Australia

Fatima Beattie, Deputy Director General of IP Australia, was appointed to the following positions under the stated provisions of each of the Acts for an unspecified period of time commencing on 13 September 2007;

  • Commissioner of Patents-section 207 of the Patents Act 1990
  • Registrar of Trade Marks-section 201 of the Trade Marks Act 1995
  • Registrar of Designs-section 122 of the Designs Act 2003
  • Registrar of Plant Breeder's Rights-section 58 of the Plant Breeder's Rights Act 1994 

The Commissioner of Patents and the Registrar of Trade Marks also exercise powers and functions under two international arrangements; the Patent Cooperation Treaty and the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks.

Professional Standards Board

The Professional Standards Board (PSB) is a statutory body established under section 227A of the Patents Act 1990 and constituted under the Patents Regulations 1991 that:

  • accredits courses at tertiary institutions that satisfy the requirements of the regulations for registration of persons as patent and trade marks attorneys
  • assesses the tertiary qualifications of persons seeking registration as patent and trade marks attorneys
  • receives complaints, refers complaints or prosecutes complaints of unprofessional or unsatisfactory conduct made by clients of patent and trade marks attorneys to the Patent and Trade Marks Disciplinary Tribunal 

The Minister for Industry appoints members of the Board who are chosen for their relevant expertise.

The current board members are:

  • Ms Lisa O'Neill (Chair) - Senior Principal Lawyer, QLD
  • Ms Karen Spark - Patent and Trade Marks Attorney, SA
  • Dr Tania Obranovich - Patent and Trade Marks Attorney, VIC
  • Mr Greg West-Walker Patent Attorney, AU & NZ
  • Ms Patricia Kelly - Director General IP Australia (Ex-officio)
  • Mr Brendan Nugent - Patent and Trade Marks Attorney, QLD
  • Mr Chris O‚ÄôSullivan - Intellectual Property Consultant, NSW
  • Ms Mary Padbury -Trade Marks Attorney, VIC

Patent and Trade Marks Disciplinary Tribunal

The Tribunal is a statutory body established under the Patents Regulations 1991. Its function is to deal with complaints of unsatisfactory or unprofessional conduct made against patents and trade marks attorneys. The current Tribunal member, Ms Katrina Howard, was appointed on  18 June 2012 and her term expires on 18 June 2015. The current Tribunal member, Ms Katrina Howard, was appointed on 18 June 2012 and her term expires on 18 June 2015.

The Plant Breeder's Rights Advisory Committee

The Plant Breeder's Rights Advisory Committee (PBRAC) is an independent statutory committee established under Part 7 of the Plant Breeder's Rights Act 1994. PBRAC advises the Minister for Innovation, Industry, Science and Research and the PBR Registrar on technical and administrative matters relating to PBR and acts as an industry advisory forum. The Minister has appointed the following members from 23 October 2009 for a period of three years from that date.

The current PBRAC members are:

  • Mr Doug Waterhouse - Chair (Chief of PBR, IP Australia)
  • Mr Christopher Prescott - Representing Plant Breeders
  • Mr Denis McGrath - Representing Plant Breeders
  • Mr Kerrie Gleeson - Representing Users
  • Mrs Penny Hendy - Representing Consumers
  • Professor Robert Henry - Representing Conservation Interests
  • Mr John Collyer - Representing Indigenous Interests
  • Professor Brad Sherman - Member with Appropriate Qualifications 

What we do

Functions and powers

We are a listed entity under the Public Governance, Performance and Accountability Act 2013, operating within the Department of Industry portfolio. It is the non-corporate Commonwealth entity responsible for administering Australia's intellectual property (IP) rights system in relation to patents, trade marks, designs and plant breeder's rights. We recover more than 95 per cent of our costs by charging fees for its IP rights services.

As well as granting exclusive rights under the statutes it administers, we:

  • advise the Australian Government on IP policy
  • provide IP advice and education services to the business community
  • regulate the IP profession
  • contribute to bilateral and multilateral negotiations and development cooperation programs for the benefit of the Australian economy and society

We administer the following Commonwealth legislation:

A number of statutory offices and bodies are established under that legislation to administer it. A list follows, including the provision that establishes the office or body:

  • Commissioner of Patents-section 207 of the Patents Act
  • Deputy Commissioner(s) of Patents-section 208 of the Patents Act
  • Designated Manager-section 200A of the Patents Act
  • Patent and Trade Marks Attorneys Disciplinary Tribunal-regulation 20.61 of the Patents Regulations
  • Plant Breeder's Rights Advisory Committee-section 63 of the Plant Breeder's Rights Act
  • Professional Standards Board for Patent and Trade Marks Attorneys-section 227A of the Patents Act
  • the Registrar of Designs-section 122 of the Designs Act
  • Deputy Registrar(s) of Designs-section 123 of the Designs Act
  • Registrar of Plant Breeder's Rights-section 58 of the Plant Breeder's Rights Act
  • Registrar of Trade Marks-section 201 of the Trade Marks Act
  • Deputy Registrar(s) of Trade Marks-section 205 of the Trade Marks Act

The Commissioner of Patents and the Registrar of Trade Marks also exercise powers and functions under two international arrangements: the Patent Cooperation Treaty, and the Protocol Relating to the Madrid Agreement concerning the International Registration of Marks.

The Professional Standards Board for Patent and Trade Marks Attorneys (PSB) administers the regulatory and disciplinary regimes for registered patent and trade marks attorneys in Australia. The Board:

  • determines academic qualifications required to become patent and trade mark attorneys
  • accredits courses that satisfy subject requirements under the relevant regulations
  • determines exemptions from requirements of a topic group or groups based on prior study
  • investigates complaints against patent and trade mark attorneys
  • where the Board considers it appropriate-prosecutes attorneys before the Patent and Trade Marks Attorneys Disciplinary Tribunal

The Patent and Trade Marks Attorneys Disciplinary Tribunal hears and determines prosecutions by the Board of complaints of unsatisfactory and unprofessional conduct against registered attorneys.

The Plant Breeder's Rights Advisory Committee (PBRAC) is established to advise the Minister on several specified matters, including the application of the Plant Breeder's Rights Act to groups of plant varieties. PBRAC also advises the Registrar of Plant Breeder's Rights on a range of technical matters relating to the administration of that Act.

Decisions under the Patents, Trade Marks, Plant Breeder's Rights and Designs Acts

Decisions of the Patent Office (since 1981), the Designs Office (since 1983) and the Trade Marks Office (since 1991), as well as appeals to the Administrative Appeals Tribunal, the Federal Court and the High Court, are available from the AUSTLII Law Site.

Selected decisions of the Commissioner of Patents, the Registrar of Trade Marks and the Registrar of Designs are published by Lexis Nexis Butterworths in the Intellectual Property Reports (IPR) and by CCH in the Australian Intellectual Property Cases (AIPC).

Decisions made under the Plant Breeder's Rights Act are published quarterly in the Plant Varieties Journal.

The progress of appeal proceedings before the Federal Court can be checked on the Federal Court website. The information available includes:

  • name of each participant in the case
  • type of each document filed in the case and the date on which it was filed
  • past and future hearing dates
  • current status of the case
  • where available, text of Orders made

The database is updated in real time and includes all cases that have commenced since 1 January 1984.

The progress of appeal proceedings before the Full Federal Court can also be checked at the Federal Court website.

For matters on appeal to the High Court, AUSTLII's High Court Bulletin lists cases reserved and those granted or refused special leave.

Register of Information Assets

To improve public access to our information and improve our ability to manage our information assets, we have established the IP Australia Register of Information Assets. The register is a list of information assets we control that contribute to the IP rights system and support the administration of that system. The register includes details on identified information assets including:

  • The asset name
  • A description of the asset
  • What information the asset contains
  • Who has access to the asset and any limits to access that may be applied.

Routinely provided reports and responses

Annual reports

We are required to contribute to the Department of Innovation, Industry, Science and Research (DIISR) annual report to Parliament. The relevant content covers an overview, our outcome performance (including sub-program results) and our management & accountability (including financial statements).

Parliamentary information

We will publish information it holds that is routinely provided to the Parliament in response to Senate Procedural Orders of Continuing Effect including:

Departmental policy related file lists (the "Harradine Order")

IP Australia File List

Contracts

Departmental Contracts ($100,000 or more).

Advertising/Public Information Projects ($100,000 or more).

For all contracts above $10,000, please refer to Tenders, Contracts and Files.

Routinely requested information

FOI Disclosure Requirement

Amendments to the Freedom of Information Act 1982 (FOI Act), which commenced on 1 May 2011, require agencies to publish copies of material released to FOI applicants within 10 days of the relevant decision.

We will provide access to copies of released documents and include a brief description of those documents in the FOI Disclosure Log. Please note that the list of documents in the log is not exhaustive and does not include the following:

  • documents of a personal or commercially valuable nature released under the FOI Act where publication would be unreasonable
  • documents to which access has been refused or which are exempt from release under the FOI Act
  • documents which have been released to the media or members of the public outside of the FOI framework

It is hoped that this measure will enable members of the public and the media to quickly and easily obtain access to material which has already been released under the FOI Act.

We will endeavour to meet all reasonable requests for an alternate hardcopy form of a document listed without charge.

Consultation arrangements

Our consultation process is guided by the Australian Government Best Practice Regulation Handbook.

We also host a number of advisory and industry fora involved in consultation processes supporting the development of new policies.

The Advisory Council on Intellectual Property (ACIP) is an independent body appointed by the Government. ACIP advises the Federal Minister for Innovation, Industry, Science and Research on intellectual property matters and the strategic administration of IP Australia.

The Council's membership reflects a cross section of stakeholders of the intellectual property system, and includes individuals from both large and small businesses, the legal and attorney professions and academia.

We also engages with our stakeholders through:

  • the Business and Industry Forum (BIF) comprised of a range of industry and government representatives
  • the IP Professionals Forum (IPPF)-patent and trade marks attorneys, IP lawyers and other IP interest groups
  • the IP Forum (IPF)-the innovation community, including business leaders, innovative small to medium enterprises, IP academics and professionals
  • the Patents Consultation Group(PCG)
  • the Trade Marks Consultation Group (TMCG)
  • the Designs Consultation Group (DCG).

The three IP rights consultation groups have common members which include representatives from the Institute of Patent and Trade Mark Attorneys of Australia (IPTA), the International Federation of Intellectual Property Attorneys of Australia (FICPI), the Law Council of Australia (LCA) and the Australian Manufacturers' Patents, Industrial Designs, Copyright and Trade Mark Association (AMPICTA).

Contact officers

Contact details for access to our information or documents under the FOI Act (s 8(2)(i)) are as follows:

Information Access Unit
Phone: 1300 65 1010
Email: FOI@ipaustralia.gov.au
Fax: (02) 6283 7999

Optional information

Our Priorities

Our Strategic Statement

Our Policies

The following is a list of policy documents relating to IP Australia's functions and responsibilities:

Official Journals

The Official Patent, Trade Mark and Designs Journals are produced by IP Australia on a regular basis and contain a range of information including material on new trade mark, design and patent applications/registrations. The online versions of the journals are searchable and PDF copies are available to download.

Patents, Trade Marks, Designs and Plant Varieties Online Journals

Search Databases

Patents, Trade Marks, Designs and Plant Breeder's Rights

IP Statistics

IP Statistics

Our Submissions

IP Australia makes submissions to other agencies, industry bodies and Parliamentary committees, e.g. the Senate Community Affairs Committee Inquiry into Gene Patents.

Feedback

Any complaints about our handling of information under the IPS can be sent to us. You may use our customer feedback form, or any other contact points, to make an IPS complaint.

If you are unhappy with the way we have handled your request, you can complain to the Australian Information Commissioner who may investigate our actions. More information is available on the OAIC website. The Commonwealth Ombudsman can also investigate complaints about our actions. However, the Commonwealth Ombudsman and the Information Commissioner will consult to avoid the same matter being investigated twice.

Links

Last Updated: 04/7/2014

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