Raising the Bar - Regulations reaching the final stage
27 Feb 2013
We are coming into the final stages of the Intellectual Property Legislation Amendment (Raising the Bar) Regulation 2013 implementing the Intellectual Property Laws Amendment (Raising the Bar) Act 2012.
The Intellectual Property Legislation Amendment (Raising the Bar) Regulation 2013 will implement the Intellectual Property Laws Amendment (Raising the Bar) Act 2012, by specifying the administrative and technical details required to give effect to the Raising the Bar Act. This Regulation was developed in consultation with the public to shape more efficient and flexible processes to support the IP industry.
You can view the draft Regulation (subject to being made by the Governor-General on advice of the Executive Council) and the accompanying proposed Explanatory Statement.
When the Raising the Bar Act and Regulation come into effect on 15 April 2013, they will make changes that include:
- raising the quality of granted patents by implementing changes to the key tests for patentability and more closely aligning these with international standards
- reducing delays in the resolution of opposition proceedings concerning patents and trade marks
- implementing changes to the regulation of patent and trade marks attorney professions and the increasing the ways in which they can operate
- implementing procedures for dealing with imports suspected of infringing IP rights and making it harder for importers of counterfeit goods to evade an IP right holder
- providing access to a simplified and more effective IP system.
Once the Regulation is made, an authoritative version will become available on ComLaw. Stakeholders are advised to consult and rely on the authoritative ComLaw version when it becomes available. We will advise stakeholders when the Regulation has been formally made.
More information
- The Intellectual Property Laws Amendment (Raising the Bar) Act 2012
- Background information to IP Reform
- IP Reforms - Top issues that may affect you
- Final Regulations for IP Reforms
- Outcomes from public consultation for IP Regulations
- IP Reforms Guide - January 2013
- Subscribe to our mailing list to keep up to date with what is happening at IP Australia
Last Updated: 26/3/2013
