Last updated: 
24 January 2019

From 16 November to 21 December 2018 IP Australia sought public comment on the exposure draft of the Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Regulations 2018. 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.

The regulations are associated with the Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Bill 2018. 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 the draft regulations make 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 the draft regulations improve how translations of patent documents are filed with IP Australia, and make other technical improvements to the patent and designs regulations.

The regulations are intended to be made when the Bill passes Parliament.

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.