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 patentable subject matter, both considered that a statement of objectives should be included in the Patents Act 1990 to outline its purpose and provide general guidance on the application of the legislation. The government accepted this recommendation in both reports.
An objects clause provides additional clarity and guidance to the community on the purpose of legislation, assists the courts in interpreting the legislation, and can be used to resolve uncertainty and ambiguity.
Consultation 30-Aug-2017 to 17-Nov-2017
Policy development 20-Nov-2017
Legislative drafting 26-Mar-2018
Implementing the government response to the PC report.
IP Australia response to public consultation has been published. IP Australia proposes to include the legislative amendments in a Bill intended for introduction to the Parliament in late 2018.