IP Reforms

What's happening?

The Intellectual Property Laws Amendment (Raising the Bar) Act has passed into law with the Governor General's assent on 15 April 2012. Most provisions in the Act come into effect on 15 April 2013, however, the following changes apply immediately:

• Regulatory use exemption from patent infringement for non-pharmaceutical patents
• Experimental use exemption from patent infringement

Why change anything?

Intellectual property is the currency of today's knowledge economy. In order to strike a balance between public and private interests, the IP system must support and encourage innovation. The purpose of the reforms is to make improvements to the legislation that covers IP rights to achieve this aim. 

For more information on the changes in the Acts for:

• Patents
• Trade Marks
• Designs
• Plant Breeder's Rights
• Copyright

So what's being done?

Raising the Bar addresses six key areas:

• Raising the quality of granted patents: the new standards will be more closely aligned with international standards, giving innovators more certainty when applying for protection overseas.
• Free access to patented inventions for regulatory approvals and research: ensuring experimentation and approval for generic manufacturers is not delayed or negatively impacted by patents. This gives certainty to researchers and manufacturers and allows them to work without worrying about patent litigation.
• Reducing delays in resolution of patent and trade mark applications: the Act tightens up the procedures for patent and trade mark oppositions and patent divisional applications. This removes the option to exploit the system by delaying the process.
• Assisting the operations of the IP profession: the Act allows Australian patent and trade marks attorneys to incorporate. This gives them greater freedom in their business.
• Improving mechanisms for trade mark and copyright enforcement: the Act increases the penalties for trade mark infringement, bringing the Australian system into line with our major trading partners. Other changes will make it harder for counterfeiters, by improving the system for confiscating goods at the border.
• Simplifying the IP system: the Act gets rid of unnecessary hurdles and simplifies the application process. These changes are designed to make the IP system easier to use in a global setting.

Who will the reforms affect?

The reforms in the Raising the Bar Act will:

• benefit the Australian public by supporting new technology in areas such as healthcare, food and the environment
• give confidence to exporters that the IP rights obtained in Australia will help them protect their innovations overseas
• give innovators more confidence that their patent rights will withstand legal challenges
• allow researchers to conduct their research with the certainty that they aren't infringing on the patent rights of others
• help small to medium sized businesses to make the most of their IP by reducing red tape and having harsher penalties to stop competitors from copying their registered logos and brands
• give the attorney profession the flexibility to structure their businesses and services to meet their needs and those of their clients
• make sure our customers have access to a simplified and effective IP system.

What next?

IP Australia will soon release regulations for public comment, covering important aspects of the Act’s implementation including a shorter time period for examination, and other procedural changes for patents. 

Patent applications will NOT be subject to the raised patent standards in the new Act if a request for examination is filed before 12 months from the date of assent. However, some procedural changes will apply to existing applications automatically from 15 April 2013.

More information

Electronic press kit for journalists 
 
The Intellectual Property Laws Amendment (Raising the Bar) Act 2012 
 
20 March 2012 media release from the Hon Mark Dreyfus QC MP

1 May 2012 media release from the Hon Mark Dreyfus QC MP
 
Consultation papers for IP reforms
 
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Last Updated: 11/5/2012