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 aimed to align and streamline the processes for obtaining, maintaining and challenging intellectual property (IP) rights.
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]
We received 17 non-confidential submissions from the following:
- Davies Collison Cave Pty Ltd — 3 submissions
- FICPI Australia (Australian Federation of Intellectual Property Attorneys)
- Gilbert + Tobin
- International Trademark Association (INTA)
- Institute of Patents and Trade Marks Attorneys of Australia (IPTA)
- Law Council of Australia
- Law Institute of Victoria
- New Zealand Institute of Patent Attorneys Inc (NZIPA)
- Rijk Zwaan
- Solubility Pty Ltd — 2 submissions
Copies of these submissions are available here.
Following the release of the Government’s Response to the Productivity Commission’s inquiry into Australia’s Intellectual Property arrangements, a number of proposals in the exposure draft legislation were included in the Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 and associated regulations. Further information is available here.
The Plant Breeder’s Rights Advisory Committee (PBRAC) was formally abolished under the Statute Update (Smaller Government) Act 2018.