Last updated: 
16 November 2018

IP Australia has released draft regulations for public comment. These 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

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.

Making a submission

We are seeking comments on the draft regulations, particularly on any unintended consequences of these regulations or issues with the drafting.

We invite all interested parties to make written submissions on the Exposure Drafts by 21 December 2018. Please send submissions to consultation@ipaustralia.gov.au. For accessibility reasons, please submit responses by email in Word, RTF, or PDF format.

Contact officer

Sean Applegate

Ph: (02) 6283 2207

Email: sean.applegate@ipaustralia.gov.au

Privacy Notice

Personal information is collected by IP Australia 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 (Privacy Act).

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. You acknowledge and confirm that Australian Privacy Principle (APP) 8 will not apply to the disclosure. If any overseas recipient handles your personal information in breach of the APPs, you acknowledge and agree that IP Australia will not be accountable under the Privacy Act and you will not be able to seek redress under the Act.

If you would prefer that your submission, or any part of your submission, is not published on our website, please notify IP Australia in writing at consultation@ipaustralia.gov.au, 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 (Recipients) including any relevant contractors providing services to the Recipients, 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.

Whilst the Recipients will review your submission and seriously consider it, there is no guarantee that all or part of your views will be included in any outcome of the government policy for which your consultation is being sought.

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.

IP Australia may use your personal information to contact you further regarding the outcomes of this consultation and to inform you of further progress and consultation on these legislative proposals that we think may be of interest to you.

IP Australia will not otherwise use or disclose your personal information without your consent, unless authorised or required by or under law.

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

All personal information you provide is handled in accordance with IP Australia’s Privacy Policy (Privacy Policy) and this privacy notice.

The Privacy Policy contains relevant information, including:

  • how you may seek access to and correction of the personal information we hold;
  • how you may make a complaint about a breach of the Privacy Act and how we will deal with your complaint; and
  • 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.