From 23 November 2016 to 6 February 2017, IP Australia sought public comment on the Exposure Draft of the Intellectual Property Laws Amendment Bill 2017 and the Exposure Draft of the Intellectual Property Laws Amendment Regulations 2017.
The exposure 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.
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.
The exposure draft legislation and explanatory material is set out in the following attachments:
- 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]
Non-confidential submissions will be published here shortly.
Previous consultation on proposals
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 those submissions (along with the addition of further minor changes).