While the Patents Regulations 1991 and Designs Regulations 2004 permit the refund of the whole application fee or part of it on the basis of a wide range of circumstances, the Trade Marks Regulations 1995 and Plant Breeder Rights Regulations 1994 only allow a refund of fees in narrowly prescribed circumstances. This results in a reduction in IP Australia's financial management flexibility. Under this issue, IP Australia would investigate appropriate legislative changes to align Trade Marks and PBR refund provisions with Designs and Patents.
Identified for action 08-Aug-2019
Closed August 2020
IP Australia is currently conducting a fee review. For more information, please see the Fee Review page.
The Intellectual Property Laws Amendment (Fee Exemption and Other Measures) Regulations 2020 came into effect on 12 June 2020 and gave the Registrars of Trade Marks and PBR improved flexibility to offer refunds and waivers to customers where circumstances warrant. An Act change is therefore not needed at this time.