IP legislation

We administer intellectual property legislation within the portfolio of the Department of Industry, Innovation, Science, Research and Tertiary Education. The main Acts and Regulations we administer are:

Patents Act 1990
Patents Regulations 1991
Trade Marks Act 1995 except Part 13 which the Australian Customs Service administers
Trade Marks Regulations 1995
Designs Act 2003 - this came into force on 17 June 2004
Designs Regulations 2004
Plant Breeder's Rights Act 1994
Plant Breeder's Rights Regulations 1994

This legislation provides the legislative basis for the patent, trade mark, design and plant breeder's rights systems of Australia. It includes provisions for:

administering the Patent, Trade Marks, Designs and Plant Breeder's Rights Offices, including the powers and functions of the Commissioner of Patents and Registrars of Trade Marks, Designs and Plant Breeder's Rights;
establishing and maintaining the patents, trade marks, designs and plant varieties registers
making and processing applications for granting standard or innovation patents, granting plant breeder's rights and registering trade marks and designs;
charging fees;
publishing the Official Journals of Patents, of Trade Marks and of Designs and the Plant Varieties Journal;
prescribing the means to take infringement proceedings to protect and enforce rights in patents, registered trade marks, registered plant varieties and registered designs;
registering patent and trade marks attorneys and prescribing their rights of practice;
accrediting approved persons to supervise and verify plant breeder’s rights applications;
prescribing the right of review of decisions of the Commissioner and Registrars by the Administrative Appeals Tribunal; and
prescribing the jurisdiction of courts in appeals against decisions of the Commissioner and the Registrars.

Last Updated: 10/1/2012

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