This draft legislation aims to align and streamline the processes for obtaining, maintaining and challenging intellectual property (IP) rights. Using similar processes for the different IP rights would make the Australian IP system simpler and assist businesses dealing with more than one right. A simpler IP system would reduce the regulatory burden for businesses that use it, and decrease administration costs for the Australian government.
In early 2015, IP Australia released initial consultation papers about the proposed amendments, and invited interested parties to make written submissions in response. That consultation process closed on 7 April 2015, and 23 submissions were received. The present Exposure Drafts were then developed based on input from the public submissions (along with the addition of further minor changes).
The proposals will require amendments to the Patents Act 1990, Trade Marks Act 1995, Designs Act 2003, Plant Breeder’s Rights Act 1994, Olympic Insignia Protection Act 1987 and the Copyright Act 1968.
The proposals will also require amendments to the Patents Regulations 1991, Trade Marks Regulations 1995, Designs Regulations 2003, Plant Breeder’s Rights Regulations 1994 and the Olympic Insignia Protection Regulations 1993.
We are now seeking final public comment on the following Exposure Drafts of this legislation, which are accompanied by explanatory material:
- Exposure Draft of the Intellectual Property Laws Amendment Bill 2017 in Microsoft Office document format [538.5 KB]
- Draft Explanatory Memorandum to the Amendment Bill in File format [424.23 KB]
- Draft Explanatory Memorandum to the Amendment Bill in PDF format [1.26 MB]
- Exposure Draft of the Intellectual Property Laws Amendment Regulations 2017 in Microsoft Office document format [508 KB]
- Draft Explanatory Statement to the Amendment Regulations in File format [340.17 KB]
Please note that the exposure draft Bill and Regulations assume the effect of amendments to be made under Schedule 4 to the Intellectual Property Laws Amendment Act 2015, and Schedules 1–3 to the Intellectual Property Legislation Amendment (Single Economic Market and Other Measures) Regulation 2016, which are expected to commence on 24 February 2017.
Making a submission
We invite written submissions with your final comments on the Exposure Drafts by COB 6 February 2017.
Written submissions should be sent to email@example.com. Please submit responses via email in a Microsoft Word or RTF format. An additional PDF version may also be attached.
The contact officer is Lisa Bailey, who may be contacted on (02) 6222 3695 or by email at firstname.lastname@example.org.
Personal information collected during this public consultation is collected for the purposes of gaining stakeholder insights and comment on the proposed amendments to the Intellectual Property Rights legislation and regulations, and is protected by the Privacy Act 1988.
Your submission, along with any personal information you provide as part of that submission, will be published on IP Australia’s website. Information published online may be accessed world-wide, including by overseas entities. IP Australia will not able to control any subsequent use under the Privacy Act, nor are you able to seek redress under that Act for the actions of any overseas entities.
Please advise IP Australia in writing if you would prefer that your submission, or any part of your submission, not be published on our website.
Your personal information may also be used by IP Australia or disclosed to interested parties, including but not limited to, the Department of Industry, Innovation and Science and the relevant Ministers’ offices for the purpose of briefing on the results of the consultation in general and/or about specific issues on which you have commented. IP Australia may also contact you by telephone or email to discuss your submission.
IP Australia will not otherwise use or disclose your personal information without your consent, unless authorised or required by or under law.
If you do not provide your contact details, IP Australia may not be able to make full use of your submission.
- how you may seek access to and correction of the personal information we hold;
- how you may make a complaint about a breach of the Privacy Act and how we will deal with your complaint; and
- IP Australia’s Privacy Contact Officer details.