Draft Legislation: Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Bill and Regulations 2017

Last updated: 
23 October 2017

IP Australia has released draft legislation for public comment that includes measures to implement aspects of the Government’s response to the Productivity Commission’s (PC) inquiry into Australia’s Intellectual Property (IP) arrangements. These measures are included in Schedule 1 to the Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Bill 2017.

The draft Bill and associated regulations include amendments to:

  • commence the abolition of the innovation patent system (PC recommendation 8.1)
  • expand the scope of essentially derived variety declarations in the Plant Breeder’s Rights (PBR) Act (PC recommendation 13.1)
  • reduce the grace period for filing non-use applications under the Trade Marks Act (PC recommendation 12.1(a))
  • clarify the circumstances in which the parallel importation of trade marked goods does not infringe a registered trade mark (PC recommendation 12.1(c))
  • repeal section 76A of the Patents Act, which requires patentees to provide certain data relating to pharmaceutical patents with an extended term (PC recommendation 10.1).

The draft legislation also includes amendments to allow PBR exclusive licensees to take infringement actions, and for the award of additional damages, under the PBR Act, measures intended to streamline a number of processes for the IP rights that IP Australia administers, and a number of technical amendments. Further information on the main PBR changes is available here. These items are included in Schedule 2 to the draft Bill. Some of these measures have already undergone consultation, however implementation was previously delayed until the Government response to the PC inquiry was released. Note that IP Australia has not previously consulted on amendments in Parts 1, 11, 12, 18, 19 and 21 of Schedule 2 to the Bill (and their equivalents in the draft regulations).

There will be further measures and amendments required to implement other aspects of the Government’s response to the PC Inquiry (Part 2) following this first Bill and associated regulations (Part 1). Separate consultation on the Part 2 measures related to the Government response is underway in the form of options papers.

Draft legislation and explanatory materials

These materials are available in Word version

Or in PDF version

Making a submission

We are seeking comments on the draft legislation, in particular on any unintended consequences of this legislation or issues with the drafting, rather than on the policy that underpins the amendments as this has already been agreed to by the Government.

We are also seeking specific feedback to questions that are highlighted in the explanatory memorandum. Please note that the draft explanatory material is still being developed and is intended only as a guide to assist with the interpretation of the draft legislation.

We invite all interested parties to make written submissions on the Exposure Drafts by 4 December 2017. Due to time constraints, we are unable to accept late submissions.

Please send submissions to consultation@ipaustralia.gov.au.

Please attach written submissions to your email in either Microsoft Word (.doc or .docx) or RTF format. An additional PDF version may also be attached.

Contact officer

Brett Massey Ph: (03) 9935 9666 Email: brett.massey@ipaustralia.gov.au; or Lisa Bailey Ph: (02) 6222 3695, Email: lisa.bailey@ipaustralia.gov.au.

Privacy Notice

Personal information is collected during this public consultation for the purposes of gaining stakeholder insights and comments on the proposed amendments to the Intellectual Property Rights legislation and regulations, and is protected by the Privacy Act 1988.

Your submission, along with any personal information you provide as part of that submission, will be published on IP Australia’s website. Information published online may be accessed world-wide, including by overseas entities. Once the information is published online, IP Australia has no control over its subsequent use and disclosure.

If you would prefer that your submission, or any part of your submission, not be published on our website, please notify IP Australia in writing, clearly identifying that the whole submission is confidential or the particular parts of the submission you consider to be confidential. IP Australia will not publish any submission or part of a submission that you have marked as confidential.

Your submission, including any personal information you provide, may be disclosed to the relevant Ministers and their offices, the Department of Industry, Innovation and Science and other Commonwealth government agencies, for the purpose of briefing on the results of the consultation in general and/or about specific issues on which you have commented. This disclosure may occur whether or not your submission has been marked as confidential. Where contact details are provided, IP Australia may also contact you by telephone or email to discuss your submission.

A request made under the Freedom of Information Act 1982 for access to a submission marked confidential will be determined in accordance with that Act.

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IP Australia retains sole discretion to decide not to publish a submission or part thereof, or to remove any defamatory or offensive content from a submission before publishing it on IP Australia’s website.

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  • how you may seek access to and correction of the personal information we hold;
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  • IP Australia’s privacy contact officer details.

By making a public submission, you provide your consent to your personal information being handled in accordance with this privacy notice and the IP Australia Privacy Policy.