Policy register

Last updated: 
11 September 2017

IP Australia's policy issue register is a list of issues that we are considering or working on for policy action or legislative amendment. This is a beta release that will run until 16 March 2018. After this date we will review the register in response to any issues raised.

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 forward legislative agenda

Our proposed forward legislative agenda consists of three Bills that will be developed over the next few years:

  1. Intellectual Property Laws Amendment (Productivity Commission response Part 1 and other measures) Bill: Subject to Government approval, this Bill will include a number of accepted recommendations from the Productivity Commission's 2016 report on Australia's IP arrangements (PC report) including, phasing out of the innovation patent system, the PBR recommendation and the majority of the trade marks recommendations. This Bill will also include a number of other high-priority trade mark and PBR issues, and some measures from the previously consulted on draft Intellectual Property Laws Amendment Bill 2017. Remaining measures from the draft IP Laws Amendment Bill 2017 have been put on hold pending further consideration at a later date. Consultation on an exposure draft of this Bill is proposed later in 2017, and the Bill is intended for introduction to Parliament as soon as possible.
  2. Intellectual Property Laws Amendment (Productivity Commission response Part 2 and other measures) Bill: Subject to Government approval, this Bill will include a number of accepted recommendations from the PC report where further consultation on the implementation approach is needed. These include the inventive step reforms, introducing an objects clause into the Patents Act 1990, and changes to Crown use and compulsory licensing of patents and designs. Consultation on a number of policy proposals for inclusion in this Bill is now underway and the Bill is intended for introduction to Parliament in 2018, subject to Government priorities. In addition, it is proposed that a number of technical fixes and red-tape reducing measures will also be included in this Bill.
  3. Intellectual Property Laws Amendment (A modern designs system) Bill: Subject to Government approval, this Bill will include accepted recommendations from the former Advisory Council on Intellectual Property's 2015 review of the designs system and some other high-priority designs matters. Consultation on a number of policy proposals for inclusion in this Bill is proposed to commence in late 2018.

Feedback

Send us your new policy issues

Send us general feedback about the policy register trial

More information

 

Check existing policy issues

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

Search "Title, Policy ID, Issue Summary and Comments"
Hold "Ctrl" key to deselect or multi-select tags
  • Policy ID: 1
    Status: Consultation
    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:
    Policy development 04-Sept-2017
    Tag:
    Compulsory Licensing, Productivity Commission, Patents
  • Policy ID: 2
    Status: Consultation
    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:
    Policy development 04-Sept-2017
    Tag:
    Compulsory Licensing, Productivity Commission, Patents
  • Policy ID: 3
    Status: Consultation
    Priority: High
    Issue summary:

    In its 2013 review of compulsory licensing, the Productivity Commission (PC) raised a possible inconsistency between the requirements for compulsory...

     
    History:
    Policy Development 04-Sept-2017
    Tag:
    Compulsory Licensing, Productivity Commission, Patents
  • Policy ID: 4
    Status: Consultation
    Priority: High
    Issue summary:
    The operation of the compulsory licensing provisions of the Patents Act 1990 need to take into consideration Australia's international treaty obligations....
     
    History:
    Policy Development 04-Sept-2017
    Tag:
    Compulsory Licensing, Productivity Commission, Patents
  • Policy ID: 5
    Status: On hold
    Priority: No priority assigned
    Issue summary:
    In its 2010 report on patentable subject matter, the former Advisory Council on Intellectual Property (ACIP) considered that there was a problem in that the...
     
    History:
    On hold 04-Sept-2017
    Tag:
    ACIP, Patents
  • Policy ID: 6
    Status: On hold
    Priority: No priority assigned
    Issue summary:
    In its 2010 report on patentable subject matter, the former Advisory Council on Intellectual Property (ACIP) considered that there are a number of problems...
     
    History:
    On hold 04-Sept-2017
    Tag:
    ACIP, Patents
  • Policy ID: 7
    Status: On hold
    Priority: No priority assigned
    Issue summary:

    Should an exclusion from patentability for matter offensive to the public be adopted, patent examiners would have to give consideration to ethical issues...

     
    History:
    On hold 04-Sept-2017
    Tag:
    ACIP, Patents
  • Policy ID: 8
    Status: On hold
    Priority: No priority assigned
    Issue summary:

    Under s 50 of the Patents Act, the Commissioner has the power to reject an application the use of which would be contrary to law, or if the invention is a...

     
    History:
    On hold 04-Sept-2017
    Tag:
    ACIP, Patents
  • Policy ID: 9
    Status: Consultation
    Priority: High
    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...

     
    History:
    Policy development 04-Sept-2017
    Tag:
    ACIP, Productivity Commission, Patents
  • Policy ID: 10
    Status: Legislative drafting
    Priority: High
    Issue summary:
    The Productivity Commission in its 2016 report into Australia's IP arrangements, and the former Advisory Council on Intellectual Property in its 2015 review of...
     
    History:
    Legislative drafting 04-Sept-2017
    Tag:
    ACIP, Productivity Commission, Patents
  • Policy ID: 11
    Status: Consultation
    Priority: High
    Issue summary:
    The Productivity Commission (PC) in its 2016 inquiry into Australia's IP arrangements considered that the standard of inventive step in Australia is too low,...
     
    History:
    Policy development 04-Sept-2017
    Tag:
    Productivity Commission, Patents
  • Policy ID: 12
    Status: On hold
    Priority: Low
    Issue summary:
    In its 2016 inquiry into Australia's IP arrangements, the Productivity Commission argued that insufficient use is made of patent fees as a policy lever to...
     
    History:
    On hold 04-Sept-2017
    Tag:
    Fees, Productivity Commission, Patents

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
Consultation Public consultation is ongoing on this issue.
Implementation An issue which does not require legislation, but which IP Australia is taking non-legislative action to address.
Identified for action IP Australia has received evidence to the extent that the issue warrants further policy development and consultation.
In Parliament A Bill is being considered by Parliament to address this issue.
Policy Development IP Australia is working on the policy options for addressing this issue.

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.
Legislative drafting The Government has approved legislative action on this issue. Appropriate legislative amendments are being prepared.