Copyright Act changes
Changes made by the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 relevant to the Copyright Act 1968
Schedule 1 - Raising the quality of granted Patents
Schedule 1 is not applicable to the Copyright Act 1968.
Schedule 2 - Free access to Patented inventions for regulatory approvals and research
Schedule 2 is not applicable to the Copyright Act 1968.
Schedule 3 - Reducing delays in resolution of Patent and Trade Mark applications
Schedule 3 is not applicable to the Copyright Act 1968.
Schedule 4 - Assisting the operations of the IP profession
Schedule 4 is not applicable to the Copyright Act 1968.
Schedule 5 - Improving mechanisms for Trade Mark and Copyright enforcement
|Notice of Seizure and Claim for Release of Goods||Section 135AC - allows Customs to give a Copyright owner (objector), who lodges a Notice of Objection about imported goods, contact and other relevant information about the Australian importer and foreign supplier or exporter of the goods. The changes also re-structure the existing provisions to provide clarify. Section 135AEA to 135AFA - revises the scheme for dealing with copies of goods under a Notice of Objection. An importer who wants the seized copies back must make a 'claim for return' to Customs. The Copyright Regulations 1969 will specify that the claim for return will include information which would enable an objector to contact the importer and instigate legal proceedings for infringement. The seized goods will only be released to the importer if the objector consents, or does not institute legal proceedings, or a court finds that the seized copies are not infringing.|
|Inspection of seized goods||Section 135AD - clarifies that Customs can permit the objector to inspect or remove multiple samples of the seized goods. This is to provide a representative sample of the goods in question and allow the parties to make a more accurate determination as to whether the consignment contains infringing copies.|
|Forfeit & disposal of seized goods||Section 135AEB - provides that where no claim for release is made by the importer of the seized goods, under section 135 AEA, then the goods are forfeited to the Commonwealth. Section 135AFA - provides that where an importer makes a claim for release but fails to collect the goods within 90 days, then the goods are forfeited to the Commonwealth. This ensures that Customs is not required to store goods indefinitely. Section 135AI - allows Customs to deal with forfeited goods by disposing of them and ensures that importers of non-infringing goods can be compensated if their copies are disposed of by Customs. Introduces a 30 day holding period before forfeited goods can be disposed of. This time period ensures that importers of seized goods have adequate time in which to make a claim for their goods. Section 135AE -consequential amendments to remove the requirement that Customs must dispose of forfeited goods in the manner prescribed by the Copyright Regulations 1969. The disposal of forfeited goods is now dealt with by new section 135AI.|
|Review of decisions||Section 195B - provides a right of appeal to the Administrative Appeals Tribunal for a decision of Customs under the revised sections mentioned above.|
|Updating defined phrases||Section 134B - inserts a number of phrases that are necessary for the changes to the Copyright Act 1968 that are mentioned above. The new definitions are for: 'action period', 'claim period', 'personal information' and 'working day'.|
Schedule 6 - Simplifying the IP system
Schedule 6 is not applicable to the Copyright Act 1968.
- Consultation papers for IP reforms
- Consultation papers for IP regulations
- Patent Act changes
- Trade Mark Act changes
- Designs Act changes
- Plant Breeder's Rights Act changes
Last Updated: 18/1/2013