Last updated: 
18 September 2018

From 23 July to 31 August 2018, IP Australia sought public comment on the Exposure Draft of the Intellectual Property Laws Amendment Bill (Productivity Commission Response Part 2 and Other Measures) Bill 2018. The consultation is now closed.

The Exposure Draft Bill is proposed to implement further aspects of the Government’s response to the Productivity Commission’s  inquiry into Australia’s intellectual property (IP) arrangements (Government Response).

These measures are included in Schedule 1 to the Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Bill 2018 and include:

  • Amending inventive step requirements for Australian patents
  • Introducing an objects clause into the Patents Act 1990 (Patents Act)
  • Phasing out of the innovation patent system

The Bill also includes amendments to the Crown use provisions of the patents and designs legislation and compulsory licensing provisions in the Patents Act, in schedules 2-4.

Finally, the draft Bill contains measures to streamline processes within the Patents Act and the Trade Marks Act 1995 and make technical improvements to the legislation. These measures are included in Schedules 5-7 to the draft Bill.

Legislation to implement other parts of the Government Response was enacted on 24 August 2018. Details of that legislation are available here.

Draft legislation and explanatory materials

Submissions received

Thank you to all who provided submissions.

We received 18 submissions from the following:

  • AIPPI Australia
  • Aristocrat Leisure Ltd
  • AusBiotech
  • Australian Small Business and Family Enterprise Ombudsman
  • EFPIA, IFPMA, JPMA and PhRMA
  • Cochlear and ResMed – redacted at submitter’s request
  • Dr Hazel Moir
  • Dr Mark Summerfield
  • FICPI Australia (Australian Federation of Intellectual Property Attorneys)
  • Institute of Patent and Trade Marks Attorneys of Australia
  • Knowledge Commercialisation Australasia
  • Law Council of Australia
  • Law Institute of Victoria
  • Medicines Australia
  • Mylan
  • Mr Andrew Morton
  • Mr David Webber
  • New Zealand Institute of Patent Attorneys – redacted at submitter’s request.

Copies of the submissions are available here.

IP Australia is currently considering the submissions and will publish a response to them in due course.

Previous consultation

IP Australia has previously consulted on the measures in schedules 1-4 of the Bill in the form of options papers. Details of the consultation, including the options paper, submissions received, and IP Australia’s response can be found here.

IP Australia has also previously consulted on the phasing out of the innovation patent system in its consultation of the Exposure Draft and Draft Explanatory Memorandum of the Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Bill 2018. Consultation documents and submissions are available here.

Note that IP Australia has not previously consulted on amendments of the Schedules 5-7 to the draft Bill, however most proposals have been published on IP Australia’s register of new policy issues.