Last updated: 
13 November 2019

IP Australia's policy issue register is a list of issues that we are considering or working on for policy action or legislative amendment.

Issues come to our attention as a result of:

  • government priorities
  • recommendations from IP related reviews
  • stakeholder suggestions
  • international developments
  • internal proposals.

The issues relate to the IP rights we administer: patents, trade marks, designs and plant breeder's rights (PBR).

Why this register is important

This register aims to enhance public participation in government decision making. This is consistent with the Government's Open Government National Action Plan.

We invite feedback on each individual issue with an accompanying form. You can also submit new policy issues for our consideration. Issues on this register are being considered. This does not mean that any legislative or policy changes will necessarily take effect.

We work closely with the Department of Industry, Innovation and Science to advise the Government on IP policy. The Government determines which issues will ultimately be the subject of proposed legislative amendments.

IP Australia's current legislative agenda

Our current legislative agenda includes:

Intellectual Property Laws Amendment (Productivity Commission response Part 2 and other measures) Bill 2019: 

This Bill was introduced to the Australian Parliament on 25 July 2019 and is currently being considered. This Bill implements Part 2 of the Government’s response to the 2016 Productivity Commission (PC) report into Australia’s IP arrangements. The Bill introduces an objects clause into the Patents Act 1990, commences the phasing out of the innovation patent and makes a number of changes to Crown use and compulsory licensing of patents and designs. 

Note that Part 1 of the Government's response to the 2016 PC report has been completed with the enactment of the Intellectual Property Laws Amendment (Productivity Commission response Part 1 and other measures) Act 2018.

Intellectual Property Laws Amendment (Designs Act) Bill:

Subject to Government approval, this Bill will include accepted recommendations from the former Advisory Council on Intellectual Property's (ACIP) 2015 review of the designs system along with some other high-priority designs matters. Consultation on a number of policy proposals for possible inclusion in this Bill is open until December 2019.

IP Australia's forward legislative agenda

IP Australia’s Corporate Plan 2019/20 includes development of its policy and legislative agenda in consultation with stakeholders under Horizon 1 (2018-2022). We would welcome feedback from stakeholders to inform future priorities for changes to the IP rights system.

In addition to commenting on specific policy issues, we welcome comments on the broad direction that future policy work could take. For example, are there particular IP rights (i.e. patents, trade marks, designs, plant breeder’s rights, Olympic insignia), themes, or aspects of the IP system, that future reforms should address as a priority?

Submissions may be made using our general Policy Register feedback form.

Further queries regarding the forward legislative agenda may be directed to:

Feedback

Guide to providing feedback to IP Australia’s Policy Register

Send us your new policy issues

Send us general feedback about the policy register of the forward legislative agenda

Guide to viewing updates to the Policy Register

More information

Check existing policy issues

For "Completed" and "Closed" issues, please view the archive page.

Search "Title, Policy ID, Issue Summary and Comments"
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  • Policy ID: 71
    Status: On hold
    Priority: High
    Issue summary:

    Currently the only courts able to hear Patent matters are the Federal Court and the State supreme courts.

    The Productivity Commission (PC) in its...

     
    History:
    On hold 04-Sept-2017
    Tag:
    Patents
  • Policy ID: 42
    Status: Consultation
    Priority: High
    Issue summary:

    In its 2015 'Review of the Designs System' in Australia, the former Advisory Council on Intellectual Property recommended that IP Australia consider whether...

     
    History:

    Policy development 04-Sept-2017

    Consultation 31-Oct-2019 to 20-Dec-2019

    Tag:
    ACIP, Designs
  • Policy ID: 84
    Status: In Parliament
    Priority: High
    Issue summary:

    Patent applications and associated documents are published to ensure that the public is able to benefit from the knowledge of an invention. However, when...

     
    History:

    Legislative drafting 26-Mar-2018

    Consultation 23-Jul-2018 to 31-Aug-2018

    Legislative drafting 1-Sep-2018

    In Parliament 25-Jul-2019

    Tag:
    Patents
  • Policy ID: 59
    Status: Implementation
    Priority: High
    Issue summary:

    IP Australia publishes a range of personal information of applicants and owners in accordance with IP legislation and the Australian Privacy Principles....

     
    History:
    Implementation 23-Apr-2018
    Tag:
    Designs, Patents, Plant Breeder's Rights, Trade Marks
  • Policy ID: 98
    Status: Identified for action
    Priority: High
    Issue summary:

    Currently, under section 19 of the Olympic Insignia Protection Act 1987 (OIP Act) trade marks containing marks that are or resemble the Olympic motto,...

     
    History:
    Identified for action 08-Aug-2019
    Tag:
    Other
  • Policy ID: 13
    Status: Policy development
    Priority: High
    Issue summary:

    As a result of Australia's Free Trade Agreement commitments, extensions of patent term (EoTs) are offered for up to five years for original pharmaceutical...

     
    History:
    Policy Development 04-Sept-2017
    Tag:
    Productivity Commission, Patents
  • Policy ID: 43
    Status: Consultation
    Priority: High
    Issue summary:

    In its 2015 'Review of the Designs System' in Australia, the former Advisory Council on Intellectual Property (ACIP) recommended that the treatment of...

     
    History:

    Policy development 04-Sept-2017

    Consultation 31-Oct-2019 to 20-Dec-2019

    Tag:
    ACIP, Designs
  • Policy ID: 1
    Status: In Parliament
    Priority: High
    Issue summary:
    The Productivity Commission (PC) in its 2013 report on compulsory licensing recommended that the Patents Act be amended to clarify the circumstances and...
     
    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

    Tag:
    Compulsory Licensing, Productivity Commission, Patents
  • Policy ID: 2
    Status: In Parliament
    Priority: High
    Issue summary:
    The Productivity Commission in its 2013 report on compulsory licensing recommended that a public interest test should replace existing criteria based on the '...
     
    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

    Tag:
    Compulsory Licensing, Productivity Commission, Patents
  • Policy ID: 89
    Status: Identified for action
    Priority: High
    Issue summary:

    Regulation 1.3(7) of the Patent Regulations specifies that certain periods are to be calculated using rule 80.2 of the Regulations under the Patent...

     
    History:
    Identified for action 08-Aug-2019
    Tag:
    Patents
  • Policy ID: 101
    Status: Identified for action
    Priority: High
    Issue summary:

    While the Patents Regulations 1991 and Designs Regulations 2004 permit the refund of the whole application fee or part of it on the basis...

     
    History:
    Identified for action 08-Aug-2019
    Tag:
    Plant Breeder's Rights, Trade Marks
  • Policy ID: 35
    Status: Consultation
    Priority: High
    Issue summary:

    Currently, section 19 of the Designs Act 2003 lists the factors to be considered in assessing whether a design is substantially similar in overall...

     
    History:

    Policy Development 04-Sept-2017

    Consultation 31-Oct-2019 to 20-Dec-2019

    Tag:
    Designs

Legend

Priority
High Action will be taken by IP Australia at the next available opportunity
Medium Desirable for action by IP Australia in the medium term, but will not be addressed immediately
Low Limited evidence or justification for change at the present time. Unlikely to be progressed by IP Australia in the short or medium term.
No priority assigned IP Australia is yet to complete an assessment of priority of this issue.
Status
Identified for action IP Australia has received evidence to the extent that the issue warrants further policy development and consultation.
Policy development IP Australia is working on the policy options for addressing this issue.
Consultation Public consultation is ongoing on this issue.
Legislative drafting The Government has approved legislative action on this issue. Appropriate legislative amendments are being prepared.
In Parliament

A Bill is being considered by Parliament to address this issue.

Implementation An issue which does not require legislation, but which IP Australia is taking non-legislative action to address.
Completed An issue where a policy change has been implemented.
Closed

No action will be taken on this issue now or in the future.

On hold This issue is not being progressed by IP Australia at the present time, but is recorded on the register for potential work by IP Australia in future.