IP Laws Amendment Bill
Public consultation on Intellectual Property Laws Amendment Bill 2012
We are welcoming public comments on the draft legislation to implement the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Protocol. The Protocol helps developing nations tackle diseases such as malaria and HIV/AIDS with affordable generic medicines from other countries.
The draft Bill also amends plant breeder's rights (PBR). PBR owners can take action against infringers in the Federal Magistrates Court more quickly and simply than in the Federal Court.
In April 2010, we released a discussion paper on a proposed model for applying the TRIPS Protocol:
- TRIPS Protocol 2010 Public Consultation Paper PDF [106 KB]
- TRIPS Protocol 2010 Public Consultation Paper RTF [1.45 MB]
There have been revisions in response to stakeholder submissions.
Between 2007 and 2010, the Advisory Council on Intellectual Property (ACIP) reviewed the enforcement of PBR. ACIP recommended extending the jurisdiction of the Federal Magistrates Court to PBR matters. In 2011, the Government agreed to this advice.
Draft Intellectual Property Laws Amendment Bill 2012
Schedules 1 and 2 enable Australian generic medicine producers to export patented pharmaceuticals under a compulsory licence from the Federal Court. The license can only be granted under strict conditions that balance the interests of patent owners, generic manufacturers and importing countries.
Schedule 3 enables PBR actions to be taken in the Federal Magistrates Court.
- EM for Exposure draft of IP Laws Amendment Bill 2012 PDF [232 KB]
- EM for Exposure draft of IP Laws Amendment Bill 2012 RTF [3.82 MB]
- Exposure Draft of IP Laws Amendment Bill 2012 PDF [397 KB]
- Exposure Draft of IP Laws Amendment Bill 2012 RTF [2.49 MB]
Submissions for comment have now closed.
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Last Updated: 10/12/2012