Last updated: 
20 April 2020

Consultation on exposure draft Intellectual Property Laws Amendment Regulations 2018

Update: making of proposed amendments

Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Regulations 2020

The Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Regulations 2020 (“2020 Regulations”) were registered on the Federal Register of Legislation on 3 April 2020. 

The 2020 Regulations amend the Patents Regulations in line with changes that Schedules 1, 2, 4 and 8 to the Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Act 2020 (“the Act”) make to the Patents Act 1990. Further details of the 2020 Regulations are available here. Information on the Act is available here.

The amendments in the 2020 Regulations appeared in Parts 1–3 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”). These amendments depended on the Act being made first. 

Intellectual Property Laws Amendment (PCT Translations and Other Measures) Regulations 2019

The Intellectual Property Laws Amendment (PCT Translations and Other Measures) Regulations 2019 (“the 2019 Regulations”) were registered on the Federal Register of Legislation on 25 March 2019. The 2019 Regulations simplified the filing of translations of patents documents with IP Australia, and made other technical improvements to the Patents Regulations 1991 and the Designs Regulations 2004. Further details of the 2019 Regulations are available here.

The amendments in the 2019 Regulations appeared in Parts 4–7 of Schedule 1 to the exposure draft regulations. They did not depend on the Act being made.

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

Submissions received

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
  • Mylan
  • Wadeson IP Pty Ltd

Copies of the submissions are available.

Previous consultation

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.