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Regulatory and advisory bodies

Advisory Council on Intellectual Property (ACIP)

Internet: www.acip.gov.au

The Advisory Council on Intellectual Property (ACIP) is an independent body appointed by the government, and advises the Federal Minister for Innovation, Industry, Science and Research on intellectual property matters and the strategic administration of IP Australia. The Council was established in 1994.

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.

For further details on the Council, including membership and current reviews and the Government's response to finalised reviews please see ACIP's website.

Intellectual Property and Competition Review Committee

An independent Committee to review the impact of the intellectual property laws on competition was set up by the Australian Government. The review was established as a result of the Competition Principles Agreement between the State and Federal governments. The Committee inquired into the effects of intellectual property legislation, including Patents, Trademarks, Designs, Copyright and Circuit Layouts, to determine whether the intellectual property system is meeting the needs of Australian business and consumers while maximising the benefits of domestic and global competition.

Once the IPCR Committee reported to Ministers on 30 September 2000, the Committee was disbanded.. The Final Report and further information is available here.

Professional Standards Board for Patent and Trade Marks Attorneys

Internet: www.psb.gov.au

The Board is a statutory body established under the Patents Act 1990 and constituted under the Patents Regulations that:

  • accredits courses at tertiary institutions that satisfy the requirements of the regulations for registration of persons as patent or trade marks attorneys; and conducts examinations in some of the subjects that comprise the examination for registration as a patent attorney;
  • assesses the tertiary qualifications of persons seeking registration as patent and trade marks attorneys;
  • exempts students from the requirements of a topic group based on prior study;
  • receives complaints, considers, and where appropriate, authorises referral of complaints of unprofessional or unsatisfactory conduct made by clients of patent and trade marks attorneys to the Patent and Trade Marks Attorneys Disciplinary Tribunal;
  • prosecutes these complaints before the Disciplinary Tribunal when requested by the complainant.

Board members are as follows:

  • Professor Carrick Martin (Chair) (re-appointed) NSW
  • Ms. Karen Sinclair Patent & Trade Marks Attorney VIC
  • Dr. Mark Horsburgh Patent & Trade Marks Attorney QLD
  • Prof. Jill McKeough Academic NSW
  • Ms. Margaret Brown IP User Representative QLD
  • Ms. Anne Makrigiorgos Patent & Trade Marks Attorney VIC
  • Mr. John King (re-appointed) Patent & Trade Marks Attorney WA
  • Mr. David Webber Patent & Trade Marks Attorney VIC
  • Ms. Julie Balance Patent Attorney NZ
  • Mr Philip Noonan (Ex-officio) IP Australia

A complete listing of registered Patent and Trade Marks Attorneys is available from the Professional Standards Board.

Patent and Trade Marks Attorneys Disciplinary Tribunal

The tribunal is a statutory body established under the Patents Regulations. Its function is to deal with complaints against patent and trade marks attorneys of unsatisfactory and unprofessional conduct.

Disputes with agents or legal representatives

If you have evidence of unsatisfactory or unprofessional conduct by a patent attorney, and if the patent attorney is a member of the Institute of Patent and Trade Marks Attorneys of Australia, you can write directly to the Institute

Alternatively, you may decide to make a formal complaint in writing to the Secretary of the Patent and Trade Marks Attorneys Professional Standards Board, who will have the Board consider whether to authorise the complaint to go before the Patent and Trade Marks Attorneys Disciplinary Tribunal.

Find out more information on the service standards and the complaints process.

If your dispute is with a legal representative, you can contact the Law Society in your region. You can also ask the Commonwealth Ombudsman to inquire on your behalf.

The Plant Breeder’s Rights Advisory Committee

The Plant Breeder’s Rights Advisory Committee (PBRAC) is an independent statutory committee established under Part 7 the Plant Breeder’s Rights Act 1994 (PBR Act). PBRAC advises the Minister and PBR Registrar on technical and administrative matters relating to PBR and acts as an industry advisory forum. As part of IP Australia's advisory framework, the PBRAC consults with and refers significant policy issues to the Advisory Council on Intellectual Property (ACIP) for consideration, and Ministerial advice, within the broader IP context.

The Committee's membership includes members representing the interests of users, breeders, consumers; and indigenous and conservation interests. Further information is available here