Update: making of proposed amendments
The Intellectual Property Laws Amendment (PCT Translations and Other Measures) Regulations 2019 (“the Regulations”) were registered on the Federal Register of Legislation on 25 March 2019 . The Regulations will simplify the filing of translations of patents documents with IP Australia, and make other technical improvements to the Patents Regulations 1991 and the Designs Regulations 2004.
The amendments in the Regulations appeared in Parts 4–7 of Schedule 1 to the exposure draft of the Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Regulations 2018 (“exposure draft regulations”).
The other amendments in the exposure draft regulations depend on amendments to the Patents Act 1990 proposed to be made by the Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Bill 2019. That Bill is proposed to be introduced into Parliament later in 2019. IP Australia could only seek the making of the associated regulation amendments if Parliament considers and passes the Bill.
Consultation on proposed amendments
From 16 November to 21 December 2018 IP Australia sought public comment on the exposure draft regulations. This consultation has now closed.
Thank you to all who contributed and provided submissions to our consultation.
We have considered all of the submissions and the response to this consultation is now available, detailing our reasoning and changes proposed to the draft regulations as a result of the consultation process.
Parts 1-3 of Schedule 1 to the exposure draft regulations are associated with the Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Bill 2019. Consultation on the text of the Bill closed on 31 August 2018.
Together, the Bill and associated regulations will enable further aspects of the Government’s response to the Productivity Commission’s (PC) inquiry into Australia’s intellectual property (IP) arrangements. The Bill and associated regulations will also streamline processes and make it easier to apply for and maintain IP rights.
Parts 1-3 of Schedule 1 to the expossure draft regulations propose changes that are consequential to the proposed changes in the Bill and include:
- Amendments to support phasing out of the innovation patent system
- Amendments that are consequential to the changes made in Crown Use in the proposed Bill
- Amendments that are consequential to the proposed changes made to compulsory licensing in the proposed Bill
Parts 4-7 of Schedule 1 to the exposure draft regulations improve how translations of patent documents are filed with IP Australia, and make other technical improvements to the patent and designs regulations.
Draft regulations and explanatory materials
The consultation period closed on 21 December 2018.
Thank you to all who provided submissions.
We received six submissions from the following:
- Ark Corporation Pty Ltd
- Australian Small Business and Family Enterprise Ombudsman
- Institute of Patent and Trade Mark Attorneys of Australia
- Medicines Australia
- Wadeson IP Pty Ltd
Copies of the submissions are available.
IP Australia has previously consulted on an exposure draft of the text of the Bill. Details of the consultation, including the options paper, submissions received, and IP Australia’s response can be found on the IP Australia website.