Amend the Patents Act to include a statement of objectives

At a glance

Policy ID: 9

Status: Completed

Priority: High

Patents ACIP Productivity commission

Issue summary

The Productivity Commission in its 2016 report into Australia's IP arrangements, and the Advisory Council on Intellectual Property in its 2010 review of the patentable subject matter, both considered that a statement of objectives should be included in the Patents Act 1990 to outline its purpose and provide general guidance on the application of the legislation. The government accepted this recommendation in both reports.

An objects clause provides additional clarity and guidance to the community on the purpose of legislation, assists the courts in interpreting the legislation, and can be used to resolve uncertainty and ambiguity.

History

  • Consultation 30-Aug-2017 to 17-Nov-2017
  • Policy development 20-Nov-2017
  • Legislative drafting 26-Mar-2018
  • Consultation 23-Jul-2018 to 31-Aug-2018
  • Legislative drafting 1-Sep-2018
  • In Parliament 25-Jul-2019
  • Royal Assent 26-Feb-2020
  • Completed 26-Feb-2020

Comments

This item is included in the Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Act 2020 which commences on 27 February 2020. 

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