Consultation on the Intellectual Property Legislation Amendment (TRIPS Protocol and Other Measures) Regulation 2015

The Intellectual Property Legislation Amendment (TRIPS Protocol and Other Measures) Regulation 2015 ("Amendment Regulation"):

  • amended the Patents Regulations 1991 on 25 August 2015 to prescribe matters required under the provisions of the Patents Act 1990 amended by Schedule 1 to the Intellectual Property Laws Amendment Act 2015 ("Amendment Act"). Schedule 1 to the Amendment Act gives effect to the decision of the World Trade Organization General Council of 30 August 2003 on the implementation of paragraph 6 of the Doha Declaration on the TRIPS Agreement and public health. This would enable Australian medicine producers to manufacture and export patented pharmaceuticals to countries experiencing health crises, under a compulsory license ordered by the Federal Court.
  • will amend the Patents Regulations consequentially on the Protocol amending the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property (‘TRIPS Protocol’) coming into force — when it does so.
  • amended the Patents Regulations, the Designs Regulations 2004 and the Trade Marks Regulations 1995 on 20 June 2015 as a consequence of the repeal of unnecessary document retention provisions by Schedule 5 to the Amendment Act
  • deleted no-longer-required provisions and corrected minor errors in the Designs Regulations, the Patents Regulations and the Trade Marks Regulations (on 20 June and 25 August 2015).

For detailed information on the operation and  commencement of the Amendment Regulation, please see the Explanatory Statement.

Read more information on compulsory licensing for the manufacture and export of patented pharmaceutical inventions.

Consultation on the Amendment Regulation

From 4 December 2014 to 15 February 2015, IP Australia consulted the public on an exposure draft of the Amendment Regulation, inviting written submissions. A single query was received from the Institute of Patents and Trade Marks Attorneys of Australia (IPTA), a peak body representing IP professionals. The query was addressed by a Deputy Commissioner of Patents, and led to further refinement of the draft amendment regulations.

 

Last updated: 
2 August 2016