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Intellectual Property and Competition Review Committee

• Final Report
• Government responses to reviews of Intellectual Property legislation
• Amendments to the Patent Act 1990
• Submissions
• Terms of Reference for Competition Review of IP Legislation
• Contact details

Final Report
The IPCR Committee reported to Ministers on 30 September 2000. The Final Report can be downloaded here. The review process involved inviting written submissions addressing the review committee's issues paper.

Government responses to reviews of Intellectual Property legislation
The Government responses to two reviews of the intellectual property system, the Intellectual Property and Competition Review (IPCR) Final Report of September 2000 and the Advisory Council on Intellectual Property (ACIP) review of patent enforcement of March 1999, can be viewed here.

Amendments to the Patent Act 1990
Following the Government responses to the IPCR and ACIP reports, the Patents Amendment Act 2001 was passed by Parliament and commenced on 1 April 2002. More information on the amendments can be viewed here.

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Submissions

(a) In Response to the Issues Paper

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Terms of Reference for Competition Review of IP Legislation

1. The committee shall inquire into and report to the Attorney-General and Minister for Industry, Science and Resources by 30 June 2000 on:
1. the objectives of, including the nature and magnitude of the problems sought to be addressed by:
1. the Copyright Act 1968;
2. the Designs Act 1906;
3. the Patents Act 1990;
4. the Trade Marks Act 1995;
5. the Circuit Layouts Act 1989;
6. any regulations made under the Acts referred to in (i) to (v);
2. the nature of the restrictions in the legislation in (a) on competition;
3. the likely effects of the restrictions referred to in (b) on competition, businesses, including small businesses, and the economy generally;
4. whether there are alternative, including non-legislative, means for achieving the objectives referred to in (a);
5. the costs and benefits to businesses, including small businesses, and the economy generally of:
1. the restrictions referred to in (b); and
2. the legislation overall referred to in (a);
3. any identified relevant alternatives to the legislation, including non-legislative approaches;
6. the appropriateness, effectiveness and efficiency of:
1. the legislation referred to in (a) and regulations made thereunder; and
2. the administration established under that legislation;
3. any identified relevant alternatives to the legislation, including non-legislative approaches, in achieving the objectives of the legislation.
2. In undertaking the inquiry and preparing the report referred to in (1), the committee shall have regard to:
1. the determination, in the Competition Principles Agreement that legislation which restricts competition should be retained only if the benefits to the community as a whole outweigh the costs, and if the objectives of the legislation can only be achieved by restricting competition;
2. the intentions and policies of the Government as expressed in statements made or authorised by responsible Ministers in relation to the legislation referred to in (1)(a), including amendments approved and announced but not yet enacted;
3. the obligations under international treaties that relate to the subject matter of the legislation referred to in (1)(a) and of which Australia is a member country or may become a member country;
4. the conclusions and recommendations in recent reviews affecting the legislation referred to in (1)(a) that have not yet been responded to by the Government, including, but not limited to:
1. the report of the National Competition Council entitled Review of sections 51(2) and 51(3) of the Trade Practices Act 1974;
2. the report of the Copyright Law Review Committee entitled Simplification of the Copyright Act 1968;
5. the views conveyed to it by any current review affecting the legislation referred to in (1)(a).
3. In undertaking the inquiry and preparing the report referred to in (1), the committee shall:
1. advertise these terms of reference nationally;
2. consult with stakeholders and invite submissions from all interested parties;
3. hold hearings to afford interested parties the opportunity to make oral submissions;
4. invite the views of any review referred to in (2)(e)
5. note the possibility that its report may be published.

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Contact details

Director
IP Research & Projects
Business Development and Strategy
IP Australia
PO Box 200
WODEN ACT 2606

Telephone No: (02) 6283 2402
E-mail: kay.collins@ipaustralia.gov.au

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